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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 452-2 ~—-Filed 11/12/21 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- 00006868

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Filename DOJ-OGR-00006868.jpg
File Size 1163.0 KB
OCR Confidence 95.2%
Has Readable Text Yes
Text Length 4,214 characters
Indexed 2026-02-03 17:15:58.033773