DOJ-OGR-00005943.jpg
Extracted Text (OCR)
Case 1:20-cr-00330-PAE
166
‘Concerns that
engagement with the
legal system will lead
to further
psychological trauma
need to be considered’
‘Many young people
who delayed
disclosure to an adult
had told a friend’
‘An adaptive strategy
on the part of the
young person to
contain the experience’
Copyright © 2013 John Wiley & Sons, Ltd.
Document 397-2 Filed 10/29/21 Page 33 of 45
McElvaney
delay in the complaint being made and giving due regard to the accused’s right
to a speedy trial. Psychological expert testimony was sought as part of these
proceedings to explain the delay in disclosure in each individual case to enable
the courts to adjudicate on whether the delay in reporting was reasonable (see
McElvaney, 2002). This legal mechanism provided an opportunity to enhance
the knowledge base within the legal profession as to the complexities involved
in disclosing and formally reporting experiences of childhood sexual abuse for
adults. While one might expect that the legal system would be more
sympathetic to children’s difficulties in making disclosures, it may also be
the case that the belief that ‘ifthe child was really sexually abused, why would
they not tell?’, as articulated by Summit (1983), still prevails.
In addition, concerns that engagement with the legal system will lead to further
psychological trauma need to be considered. A prospective longitudinal study
conducted by Quas ef al. (2005) indicated that the consequences of legal
involvement change over the course of development and as a function of the
child’s reactions to and experiences during the legal case. The associations
between legal involvement and outcomes varied with age. The authors
suggested that although younger children may be at increased risk for some
adverse outcomes such as mental health problems, older children may be at
increased risk for other undesirable sequelae such as the negative attitudes
of others toward them. Quas and Goodman’s (2011) recent review notes that
older children are more at risk in developing poor mental health outcomes.
Thus, as noted earlier, young people’s fears of the consequences of disclosure
may well be justified. Raised awareness of both the prevalence of non-disclosure
of sexual abuse and the importance of supporting children to disclose may
go some way to addressing children’s fears.
One interesting finding in recent studies is that many young people who
delayed disclosure to an adult had told a friend. McElvaney (2008) and Ungar
et al, (2009b) identified peer influence as significant in encouraging disclosure
among adolescents. There is some suggestion from the research that regardless
of the age at the time of abuse, adolescence may be a ‘critical period’ for
disclosure. It may be that targeting adolescents in general (rather than those
at risk of abuse) may be a powerful prevention tool in encouraging early
disclosure. Evaluations of child abuse prevention programmes have shown
significant improvements in the levels of awareness of child abuse in children
and young people (Rispers e¢ al., 1997; Zwi et al., 2007). It may be that the
increasing trend towards peer disclosure is a by-product of such educational
and awareness-raising programmes. There is evidence that public awareness
campaigns when implemented as part of a multi-dimensional strategy that
involves targeting children, parents and communities (see Lalor and McElvaney,
2010, for a review of child abuse prevention programmes) are an effective tool in
the prevention of child abuse.
McElvaney et al. (2012) describe the importance for young people of
containing the secret of abuse and their need for confidentiality following
disclosure as representing an adaptive strategy on the part of the young person
to contain the experience and his/her emotional reaction to it. The conflict
between wanting/needing to keep the secret and wanting/needing to tell is
mediated by what they term the ‘pressure cooker effect’. Young people in their
study described influences from within and without that led to a build up of
pressure, ultimately leading to disclosure. They suggest that building up the
Child Abuse Rev. Vol. 24: 159 169 (2015)
DOI: 10.1002/car
DOJ-OGR-00005943
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00005943.jpg |
| File Size | 1163.1 KB |
| OCR Confidence | 95.2% |
| Has Readable Text | Yes |
| Text Length | 4,210 characters |
| Indexed | 2026-02-03 17:05:25.317251 |