Fathers accused of child sexual abuse given legal access to their alleged victims
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Nine fathers were given legal access by private family court law proceedings (PLP) to the children they were accused of sexually abusing, according to a qualitative study.
The groundbreaking UKRI funded , published in the Journal of Social Welfare and Family Law, was carried out by University of Manchester researchers in partnership with members of and The Survivor Family Network.
It is based on the experience of 45 women from across England in PLP who along with some of their children accused the men of abuse, including child sexual abuse (CSA) in nine cases.
A tenth father, a convicted paedophile, had groomed the mother as a child and been convicted of child sex offences but hadn青瓜视频檛 yet harmed the child sexually. Other fathers convicted of child sex offences were also given direct access to their children.
Of the 45 studied, fathers were given access in 43 cases.
PLP cases occur when two or more private individuals try to resolve a dispute, usually around child arrangements or financial disputes.
All ten cases involving CSA resulted in some form of direct child contact with the alleged perpetrator father, sometimes giving unsupervised overnight stays or 50% shared residency.
Some of the 10 fathers were either convicted child sex offenders or had admitted to CSA. In some of the cases digital evidence was submitted to the court.
Only fathers who had criminal convictions for CSA were considered to meet the threshold for concern for risk or harm, though they were still given overnight contact with the children, supervised by paternal family members.
Four of the mothers, accused of coaching their child to falsify abuse claims 青瓜视频� so called parental alienation - lost residency of their children to the alleged perpetrator father.
The researchers applied a feminist-informed framework to understand the experience of 10 women from within the larger sample of 45, who were also interviewed.
The analysis identified 5 themes:
- Minimisation by the courts of the harm to the child and mother from CSA by the father, overemphasising the rights of fathers.
- The courts rely on whether a father was 青瓜视频榞ratified青瓜视频� by the abuse to determine whether harm has occurred and a 青瓜视频榮orry青瓜视频� from the father was enough to reassure the court that their children will now be safe from future harm.
- The family courts at times intervened to close down active CSA criminal investigations into the fathers.
- Mothers who persisted in their attempts to resist the court and advocate for their children were those who lost their children.
- The court actors were frequently reported as bound by a pro-father narrative in their regard to each other.
Lead author Dr Elizabeth Dalgarno said: 青瓜视频淲e found disturbing evidence that private family courts are letting down some mothers and their children who accuse the fathers of child sex abuse and or rape.
青瓜视频淢any of the fathers had a history of abusing others. All had allegedly abused the mothers and children, yet this was deemed 青瓜视频榓lienation青瓜视频�, 青瓜视频榟istoric青瓜视频� or 青瓜视频榠rrelevant青瓜视频� by the court, with one child repeatedly raped for several years after her mother was erroneously dubbed an 青瓜视频榓lienator青瓜视频�.
青瓜视频淔athers青瓜视频� actions and behaviours were repeatedly minimised and made invisible if harmful. For mothers, there was no such grace shown in the court, who sometimes had their children removed.青瓜视频�
We found disturbing evidence that private family courts are letting down some mothers and their children who accuse the fathers of child sex abuse and or rape. Many of the fathers had a history of abusing others. All had allegedly abused the mothers and children, yet this was deemed 青瓜视频榓lienation青瓜视频�, 青瓜视频榟istoric青瓜视频� or 青瓜视频榠rrelevant青瓜视频� by the court, with one child repeatedly raped for several years after her mother was erroneously dubbed an 青瓜视频榓lienator青瓜视频�
The researchers argue CSA findings should not be determined within existing PLP, where prevailing bias against mothers and children leaves room for abuse to continue.
Use of 青瓜视频榩arental alienation青瓜视频� or 青瓜视频榓lienating behaviours青瓜视频� as a defence, they say, should be prohibited and that the Sexual Offences Act 2003 must re-consider the notion of perpetrator gratification to define harm and also review the use of a child青瓜视频檚 personal and private space in defining criminality.
She added: 青瓜视频淔alse allegations of CSA are extremely rare at around 0.01%- 2% and there is little evidence that children can be coerced into making false CSA claims.
青瓜视频淪o we contend that this treatment of vulnerable women and their children is effectively an act of state sanctioned abuse, and state gaslighting.青瓜视频�
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The paper has been double blind peer reviewed and has been published in the journal of social welfare and family law.
The DOI of the paper, called 青瓜视频楲et青瓜视频檚 excuse abusive men from abusing and enable sexual abuse青瓜视频�: Child Sexual Abuse Investigations in England青瓜视频檚 Private Family Courts青瓜视频� is: 10.1080/09649069.2024.2382501. and it is published in the Journal of Social Welfare and Family Law
Anonymous quotes from some of the mothers:
青瓜视频溓喙鲜悠禈青瓜视频here青瓜视频檇 been sexual videos made of my son. My son had come home with bruises. My son had specifically said he didn't want to go to his dad's. [son] disclosed a lot of things青瓜视频� but because [father] said, 青瓜视频淚'm sorry青瓜视频e were only messing around and there wasn't actually any penetration青瓜视频�, he got away with it青瓜视频� And I've got to live with those videos in my head and they even upset the police officers青瓜视频� There was no empathy [from the family court]. There was nothing青瓜视频� Just 青瓜视频渇athers have rights青瓜视频�, very, very, pro, pro, pro father青瓜视频櫱喙鲜悠禎
青瓜视频榌police] didn't really do anything, they kind of left it up to social care青瓜视频he social worker came and said, 青瓜视频渨e'll come and make sure you've got food in the fridge and a roof over your head青瓜视频�, saw [son]青瓜视频hen they went and saw him青瓜视频ith his father and wrote a report and said there was nothing wrong青瓜视频� she completely and utterly blamed me, said I 青瓜视频渨as emotionally abusing [son]青瓜视频澢喙鲜悠郸by this time, we'd had one [family] court case [with] a district judge [who] said 青瓜视频渟ocial care couldn't find any issues青瓜视频�, and awarded my ex overnight contact every other weekend and holidays青瓜视频�
青瓜视频楤ut this same social worker went out again, and again, and just had a word, all the time, while pushing it as parental alienation. Because I was 青瓜视频渕aking [child] over-anxious青瓜视频�. And because [father] said 青瓜视频渋t was accidental青瓜视频�, and social services actually said that 青瓜视频渢hey would not consider it as sexual abuse because they didn青瓜视频檛 believe it was sexually gratifying for him青瓜视频�
青瓜视频楽o, my ex-husband had the biggest collection of pornography that I had ever seen, and a lot of the titles were 青瓜视频楾een青瓜视频�, and he had used sex as a controlling mechanism within the relationship青瓜视频� This was mentioned青瓜视频n court, and it was as if I was just being vindictive and trying to find something else wrong with him, to pin something else on him [and] there clearly 青瓜视频渨asn青瓜视频檛 a problem青瓜视频澢喙鲜悠禉.
My children had accused their father of sexual abuse and he came back with parental alienation after a number of years of not mentioning it青瓜视频hey're not allowed to use any form of disclosing tool or not allowed to buy them any diaries青瓜视频青瓜视频檝e been told if I report further allegations then basically my ex has got a fast-track back to court for immediate change of residence青瓜视频o they threatened me and gagged the girls effectively.青瓜视频�
青瓜视频楨ven the psychologist said, 青瓜视频渢here is no parental alienation青瓜视频�. He wrote it specifically and he contradicted Cafcass, he overruled Cafcass, and guess who the judge went with? Cafcass青瓜视频�