Abstract
Unfortunately it is a fact that the sexual abuse of children is not abating, and that the younger the child, the higher the risk of sexual abuse. Also, the younger the child, the more challenging it is to do a forensic assessment. The attributes of the phase of development in which a child finds him-/herself offer various challenges to the social worker who has to assess the toddler forensically. Literature indicates that it is extremely important to consult collateral sources to assess a toddler forensically. These collateral sources may include the parents, other family members, relatives and day-carers. The social worker who is doing the forensic assessment has to integrate the information gained from the various sources to create a holistic picture of the psycho-social functioning of the toddler. Standardised measuring instruments, such as the “Child Sexual Behaviour Inventory”, the “Child Behaviour Checklist” and the “Child Development Inventory”, may also be used to collect information regarding the toddler’s sexual behaviour and development. When the toddler is assessed forensically it will take between three and six hours, which have to be spread over several sessions. It is emphasised that alternative hypotheses and explanations for the toddler’s sexual behaviour should be investigated and that his/her sexual behaviour should not be blamed on sexual abuse without further investigation. If an unambiguous conclusion about sexual abuse cannot be reached, the social worker who is responsible for the forensic assessment will focus on the continued protection of the toddler.
To be able to conduct an effective forensic assessment the social worker must have profound knowledge of the development phase of the toddler. The toddler may, for example, be in the pre-operational phase of cognitive development. This means, inter alia, that the toddler cannot relate a logical course of events, and that ego-centredness, finalism, non-realism, concrete thinking, juxtaposition and syncretism are prevalent. Perceptual development is in process. The toddler’s spatial orientation has not, therefore, developed fully, and he/she cannot distinguish between different parts of the body. Toddlers cannot think in metaphors or in a symbolic way. They also cannot necessarily recall occurrences correctly; therefore, one cannot rely on the toddler’s memory. In the final analysis toddlers are more susceptible to suggestion. The aim of this study is, therefore, to analyse the meaning social workers who are doing forensic assessments of toddlers attach to the forensic protocols utilised by them. Based on this, broad guidelines were formulated that social workers may follow when doing forensic assessments of toddlers. The aim therefore did not include an analysis and/or expansion of existing forensic assessment techniques and methods which may be used when toddlers are assessed forensically.
The qualitative research paradigm was used in the study and the principles of purposeful, non-random sampling were applied to select the participants, who had to comply with certain criteria to participate in the study. The inclusion criteria were: registration with the professional council for social workers; a minimum of five years’ experience in the field of forensic assessment of children; and specific training in forensic social work. Four participants complied with these criteria. A literature study was done, and information was then collected by means of a previously compiled interview schedule which was used during an in-depth group discussion. The collected, unprocessed information was analysed according to the following steps of a generic qualitative data analysis process: developing categories and codifying the data; testing the unfolding understanding of the data and investigating alternatives; and, finally, interpreting the data and developing themes. The data emerging from the literature study and the data collected during the empirical study were then integrated to arrive at a deeper understanding of forensic social work assessment of the toddler.
The first shortcoming was the small size of the sample. Another was that information collected from a single profession was used in the study. The participants were also all working in a limited geographical area.
It was found that the participants regarded the forensic assessment of toddlers as a challenge due to their phase of development. These challenges included, inter alia, poor language skills of toddlers, their level of cognitive ability, limited spatial abilities and perceptual skills, limitations regarding memory processes, the inability to provide context and detailed information, and lack of ability to distinguish between fantasy and reality. According to the participants the forensic assessment of toddlers is hampered by the lack of overarching procedural guidelines. It was also evident that the protection of the toddler took preference over the confirmation of sexual abuse. The services of a supporting parallel therapist were often mentioned in this regard, the purpose of a parallel therapist being to monitor the behaviour of the toddler over a longer period, and also to provide therapy. The services of a supporting parallel therapist may also be employed when a clear-cut declaration/confirmation of the possibility of sexual abuse cannot be obtained from the toddler, but the toddler runs a high risk of maltreatment or abuse.
The unique attributes of the stage of development of the toddler should be kept in mind throughout the assessment process. Due to the attributes of the stage of development of the toddler it is absolutely essential to gather collateral information when doing the forensic assessment. As far as possible no blind assessments should be conducted. More time must be allowed for the assessment.
Finally, the following steps are recommended for the forensic assessment of the toddler: 1. Interview with the primary carer(s); 2. development assessment of the toddler; 3. reference to the parallel therapist; 4. socio-emotional assessment; 5. tactile surveying technique; 6. exploring alternative hypotheses; and 7. recommendations regarding the toddler’s protection and the possibility of the prosecution of the alleged transgressor.
Keywords: forensic social work; guidelines for forensic assessment; sexual abuse of the child; toddler
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