Frequency and significance of physical evidence in legally proven cases of child sexual abuse

Abstract

Clinicians have long recognized and attorneys have disputed that physical evidence of injury, sexually transmitted diseases, and seminal fluid are often absent in cases of child sexual abuse. To determine the frequency and significance of physical evidence in legally "proven" felony cases with penetration, a retrospective review of sexual abuse court records was done. A total of 45 randomly selected cases were reviewed; 39 (87%) had resulted in conviction of the perpetrator for felony. Charges of vaginal rape were made in 32 cases, and charges of oral and/or anal sodomy in 23 cases. No significant difference in rate of felony conviction was found in cases with or without physical evidence. Of 32 cases without physical evidence, 30 (94%) resulted in felony convictions, whereas only 9 of 13 cases (69%) with physical evidence resulted in a felony conviction. Multiple variables describing the abuse situation were not shown to effect the legal outcome of the cases. Of cases that resulted in felony convictions, physical evidence was present in only 23% (9 of 39). These results should be helpful for the clinician in counseling the family of the sexual abuse victim and the attorney who prosecutes child sexual abuse cases.