1. Criminal Psychology Chapter 8 Child Sexual Abuse Talbot Kellogg Community College

3. The McMartin Preschool Case 1983 1983 2 ½ year old boy 2 ½ year old boy Drink blood Drink blood Witnessed the head of a live baby being chopped off. Witnessed the head of a live baby being chopped off. “Mr. Ray” (Raymond Buckey) was able to fly. “Mr. Ray” (Raymond Buckey) was able to fly. 200 parents were sent letters. 200 parents were sent letters. 400 children were assessed with 350 being suspected of having been abused. 400 children were assessed with 350 being suspected of having been abused. 1984 – Preliminary hearing (17 months) 1984 – Preliminary hearing (17 months) 1990 – Providers were acquitted on all charges. 1990 – Providers were acquitted on all charges.

4. September 8, 1983 Dear Parent: This Department is conducting a criminal investigation involving child molestation (288 P.C.) Ray Buckey, an employee of Virginia McMartin's Pre-School, was arrested September 7, 1983 by this Department. September 8, 1983 Dear Parent: This Department is conducting a criminal investigation involving child molestation (288 P.C.) Ray Buckey, an employee of Virginia McMartin's Pre-School, was arrested September 7, 1983 by this Department. The following procedure is obviously an unpleasant one, but to protect the rights of your children as well as the rights of the accused, this inquiry is necessary for a complete investigation. The following procedure is obviously an unpleasant one, but to protect the rights of your children as well as the rights of the accused, this inquiry is necessary for a complete investigation. Records indicate that your child has been or is currently a student at the pre-school. We are asking your assistance in this continuing investigation. Please question your child to see if he or she has been a witness to any crime or if he or she has been a victim. Our investigation indicates that possible criminal acts include: oral sex, fondling of genitals, buttock or chest area, and sodomy, possibly committed under the pretense of "taking the child's temperature." Also photos may have been taken of children without their clothing. Any information from your child regarding having ever observed Ray Buckey to leave a classroom alone with a child during any nap period, or if they have ever observed Ray Buckey tie up a child, is important. Records indicate that your child has been or is currently a student at the pre-school. We are asking your assistance in this continuing investigation. Please question your child to see if he or she has been a witness to any crime or if he or she has been a victim. Our investigation indicates that possible criminal acts include: oral sex, fondling of genitals, buttock or chest area, and sodomy, possibly committed under the pretense of "taking the child's temperature." Also photos may have been taken of children without their clothing. Any information from your child regarding having ever observed Ray Buckey to leave a classroom alone with a child during any nap period, or if they have ever observed Ray Buckey tie up a child, is important. Please complete the enclosed information form and return it to this Department in the enclosed stamped return envelope as soon as possible. We will contact you if circumstances dictate same. Please complete the enclosed information form and return it to this Department in the enclosed stamped return envelope as soon as possible. We will contact you if circumstances dictate same. We ask you to please keep this investigation strictly confidential because of the nature of the charges and the highly emotional effect it could have on our community. Please do not discuss this investigation with anyone outside your immediate family. Do not contact or discuss the investigation with Raymond Buckey, any member of the accused defendant's family, or employees connected with the McMartin Pre-School. We ask you to please keep this investigation strictly confidential because of the nature of the charges and the highly emotional effect it could have on our community. Please do not discuss this investigation with anyone outside your immediate family. Do not contact or discuss the investigation with Raymond Buckey, any member of the accused defendant's family, or employees connected with the McMartin Pre-School. THERE IS NO EVIDENCE TO INDICATED THAT THE MANAGEMENT OF VIRGINIA MCMARTIN'S PRE-SCHOOL HAD ANY KNOWLEDGE OF THIS SITUATION AND NO DETRIMENTAL INFORMATION CONCERNING THE OPERATION OF THE SCHOOL HAS BEEN DISCOVERED DURING THIS INVESTIGATION. ALSO, NO OTHER EMPLOYEE IN THE SCHOOL IS UNDER INVESTIGATION FOR ANY CRIMINAL ACT. THERE IS NO EVIDENCE TO INDICATED THAT THE MANAGEMENT OF VIRGINIA MCMARTIN'S PRE-SCHOOL HAD ANY KNOWLEDGE OF THIS SITUATION AND NO DETRIMENTAL INFORMATION CONCERNING THE OPERATION OF THE SCHOOL HAS BEEN DISCOVERED DURING THIS INVESTIGATION. ALSO, NO OTHER EMPLOYEE IN THE SCHOOL IS UNDER INVESTIGATION FOR ANY CRIMINAL ACT. Your prompt attention to this matter and reply no late than Septemeber 16, 1983 will be appreciated. Your prompt attention to this matter and reply no late than Septemeber 16, 1983 will be appreciated. HARRY L. KUHLMEYER, JR. Chief of Police JOHN WEHNER, Captain HARRY L. KUHLMEYER, JR. Chief of Police JOHN WEHNER, Captain

7. Issues What does this case highlight Disagreement coming out of court decisions Guilty until proven innocent Issues present in the police investigation of such situations. Issues present in the behavioral assessments of such situations. Definition of Child Abuse. How does Michigan define child abuse and neglect?

8. Physical abuse Physical abuse Physical abuse is a non- accidental injury to a child by the person responsible for the child's health and welfare. Physical abuse may include, but is not limited to, burning, beating, kicking, and punching. It is usually the easiest abuse to identify because of the physical evidence of bruises, burns, broken bones or other unexplained injuries. Internal injuries may not be readily apparent. Physical abuse is a non- accidental injury to a child by the person responsible for the child's health and welfare. Physical abuse may include, but is not limited to, burning, beating, kicking, and punching. It is usually the easiest abuse to identify because of the physical evidence of bruises, burns, broken bones or other unexplained injuries. Internal injuries may not be readily apparent. Sexual Abuse Sexual abuse encompasses several different types of inappropriate sexual behavior: Sexual contact meaning any intentional touching that can be reasonably construed as being for the purposes of sexual arousal, gratification, or any other improper purpose. Sexual penetration. Accosting, soliciting, or enticing a child to commit, or attempt to commit, an act of sexual contact or penetration, including prostitution.

9. Maltreatment Maltreatment Maltreatment is defined as the treatment of a child that involves cruelty or suffering that a reasonable person would recognize as excessive. Possible examples of maltreatment are: Maltreatment is defined as the treatment of a child that involves cruelty or suffering that a reasonable person would recognize as excessive. Possible examples of maltreatment are: A parent, who knowing that their child has a phobia or deep fear of closed places, utilizes locking the child in a closet as a means of punishment. A parent, who knowing that their child has a phobia or deep fear of closed places, utilizes locking the child in a closet as a means of punishment. A parent who forces their child to eat dog food out of a dog bowl during dinner as a method of punishment and/or humiliation. A parent who forces their child to eat dog food out of a dog bowl during dinner as a method of punishment and/or humiliation. A parent who is found to be teaching their child how to be an accessory in their criminal activities, e.g., shop-lifting. A parent who is found to be teaching their child how to be an accessory in their criminal activities, e.g., shop-lifting. A parent who responds to their child's bed- wetting by subjecting them to public humiliation, such as hanging a sign on the child at school, which lets others know that the child has wet his or her bed. A parent who responds to their child's bed- wetting by subjecting them to public humiliation, such as hanging a sign on the child at school, which lets others know that the child has wet his or her bed. Mental Injury A psychological condition (diagnosed by a mental health practitioner) caused by physical or verbal acts, omissions, (including the denial of appropriate treatment), or maintaining an environment by the person responsible for the child's health and welfare which: renders the child chronically anxious, agitated, depressed, socially withdrawn, psychotic, or unreasonable fear that his or her life and/or safety or that of another family member is threatened, or chronically interferes with the child's ability to accomplish age appropriate milestones.

10. Child Abuse Statistics

11. Roles of the Psychologist Diagnostic in nature as it relates to the perpetrator. These mental disorders are characterized by sexual fantasies, urges, or behaviors involving non-human objects (coprophilia, Fetishism, Transvestic Fetishism), suffering or humiliation (Sexual Sadism, Masochism), children (Pedophilia) or other non-consenting person (Voyeurism, Frotteurism, Exhibitionism). Sexual Paraphilia – These mental disorders are characterized by sexual fantasies, urges, or behaviors involving non-human objects (coprophilia, Fetishism, Transvestic Fetishism), suffering or humiliation (Sexual Sadism, Masochism), children (Pedophilia) or other non-consenting person (Voyeurism, Frotteurism, Exhibitionism).mental disorderscoprophiliaFetishismTransvestic FetishismSexual SadismMasochismPedophiliaVoyeurism FrotteurismExhibitionismmental disorderscoprophiliaFetishismTransvestic FetishismSexual SadismMasochismPedophiliaVoyeurism FrotteurismExhibitionism

12. Pedophilia Diagnostic criteria for 302.2 Pedophilia (cautionary statement) Diagnostic criteria for 302.2 Pedophilia (cautionary statement) cautionary statementcautionary statement A. Over a period of at least 6 months, recurrent, intense sexually arousing fantasies, sexual urges, or behaviors involving sexual activity with a prepubescent child or children (generally age 13 years or younger). A. Over a period of at least 6 months, recurrent, intense sexually arousing fantasies, sexual urges, or behaviors involving sexual activity with a prepubescent child or children (generally age 13 years or younger). B. The person has acted on these urges, or the sexual urges or fantasies cause marked distress or interpersonal difficulty. B. The person has acted on these urges, or the sexual urges or fantasies cause marked distress or interpersonal difficulty. C. The person is at least age 16 years and at least 5 years older than the child or children in Criterion A. C. The person is at least age 16 years and at least 5 years older than the child or children in Criterion A. Note: Do not include an individual in late adolescence involved in an ongoing sexual relationship with a 12- or 13-year-old. Note: Do not include an individual in late adolescence involved in an ongoing sexual relationship with a 12- or 13-year-old. Specify if: Specify if: Sexually Attracted to Males Sexually Attracted to Females Sexually Attracted to Both Sexually Attracted to Males Sexually Attracted to Females Sexually Attracted to Both Specify if: Specify if: Limited to Incest Limited to Incest Specify type: Specify type: Exclusive Type (attracted only to children) Nonexclusive Type Exclusive Type (attracted only to children) Nonexclusive Type Implications of this diagnosis? Implications of this diagnosis?

13. Roles of the Psychologist Evaluation of the child/ Adult for the presence of abuse. Use of anatomically correct dolls (valid?). Pictures/ drawings. Story books. Repressed memories (debatable) Neurology Statistical rarity Their use in the court setting Our limited understanding of memory

14. Roles of the Psychologist Evaluation of the child/ Adult – assessing allegations. Interviewing technique dangers (Wood et. al.) Leading questions – A double edged sword? “Do you remember the naked pictures?” Leading questions v. Suggestive questions – “Do you remember the bad touches?”, “Do you remember the naked pictures?” Implication of Confirmation – “every single kid” Use of positive and negative consequences. “can I pat you on the head?” “Do you expect me to believe that you aren’t one of the smart ones?” Repetitious Questioning Inviting speculation “let’s pretend Is content analysis the key?

15. Criteria for analyzing content (19 total)– Marxsen, Yuille and Nisbet (1995) 1. Coherence: Does the statement make sense? 2. Spontaneous reproduction: Rigid and rehearsed or spontaneous? 3. Sufficient detail: Is there the same amount of detail given in discussing the abusive event as non-abusive events? 4. Contextual imbedding: Is the account imbedded in a distinct time and space? 5. Descriptions of interactions 6. 6. Reproduction of conversation: Verbatim? 7. 7. Unexpected complications during the incident? 8. 8. Unusual details for a child to have made up? 9. 9. Peripheral details? 10. 10. Accurate reported details misunderstood? 11. 11. Self-deprecation? 12. 12. Pardoning the perpetrator? 13. 13. Details characteristic of the act the may not be common knowledge to a child?

16. How can the procedures be improved? Use language which is common or understandable to children. Refrain from leading or suggestive questions. Open-ended, general questions. Thorough documentation – verbatim statements, video and audio records etc…

17. Determination of Competency 1. 1. Age? 2. 2. Assessment of the child? 1. 1. Does the child know the difference between truth and falsehood? 2. 2. Does the child understand the events he or she witnessed? Can the child describe the events? 3. 3. Does the child have sufficient memory for the events? 4. 4. Is the child able to testify in court?

18. Children’s Rights During Testimony Goal of the attorneys? How might this affect their questioning of the child? Use complex grammatical structure to confuse the child. Attempt to intimidate the child. Attempt to lead the child. Use semantics in order to confuse the child. McMartin Case – One child was questioned by the prosecutor for 30 minutes and by the defense attorney for 15 ½ hours. Use of screens or closed circuit TV in order to testify. Not upheld by the Supreme Court.

19. Sixth Amendment of the U.S. Constitution that permits defendants to confront their accusers. Justice Scalia, a witness “may feel quite differently when he has to repeat his story looking at the man whom he will harm greatly by distorting or mistaking the facts.”

20. APA Craig Amicus Brief “Requiring child witnesses to undergo face- to-face confrontation, therefore, may in some cases actually disserve the truth-seeking rationale that underlies the confrontation clause. Justice O’Connor – “Indeed, where face-to-face confrontation causes significant emotional distress in a child witness, there is evidence that such confrontation would in fact disserve the confrontation clause’s truth seeking goal.” (Maryland v. Craig, 1990) Not all psychologists agree – What is causing the distress? Could it be that they are lying?