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Child Abuse & Neglect 32 (2008) 111119

Female sexual abuse and criminal justice intervention: A


comparison of child protective service
and criminal justice samples
Shannon M. Bader a, , Mario J. Scalora a , Thomas K. Casady b , Shannon Black c
a
University of Nebraska Lincoln, 238 Barnett Hall, Lincoln, NE 8588-0308, USA
b
Lincoln Police Department, Lincoln, NE, USA
c
Nebraska State Patrol, Lincoln, NE, USA
Received 29 November 2005; received in revised form 6 April 2007; accepted 18 April 2007

Abstract
Objective: The current study compared a sample of female perpetrators reported to Child Protective Services (CPS)
to a sample of women from the criminal justice system. Instead of examining a clinical or criminal justice sample
in isolation, this comparison allows a more accurate description of female sexual offending.
Methods: Cases were drawn from a Midwestern states child abuse registry, law enforcement records, and sex
offender registry. The CPS sample consisted of 179 women, and the criminal justice system sample consisted of 57
women. All cases were reported to the agencies between 1994 and 2004.
Results: Victims ranged in age from 1 to 18 years old (M = 9.98, SD = 4.37). As hypothesized, there were statistically
significant differences between the CPS and criminal justice samples. Specifically, the CPS sample had a majority
of victims under age 12 (74.9%), while the criminal justice sample had a majority of victims between ages 13 and
19 (73.8%). The CPS sample had predominantly intrafamilial victims (97.8%), while the criminal justice sample
had a majority of extrafamilial victims (63.3%). The CPS sample also showed significantly more female victims
(63.7%), while the criminal justice sample had mostly male victims (62.1%).
Conclusions: There were significant differences in the victims age, the victims gender and the perpetrator-victim
relationship between cases managed in the CPS and the criminal justice system. The results highlight the need for
further research into child welfare and law enforcement collaboration.
2007 Elsevier Ltd. All rights reserved.

Keywords: Child sexual abuse; Female perpetrators; Criminal justice; Child Protective Services


Corresponding author.

0145-2134/$ see front matter 2007 Elsevier Ltd. All rights reserved.
doi:10.1016/j.chiabu.2007.04.014
112 S.M. Bader et al. / Child Abuse & Neglect 32 (2008) 111119

Although there is extensive literature on male sexual offenders, fewer studies have focused on female
sexual offenders and most have used small prison or clinical samples. While recent studies have included
larger samples, these studies continue to be drawn from criminal justice sources. Researchers, however,
have argued that most cases of female perpetrated sexual abuse are not discovered by the criminal justice
system but are instead reported to Child Protective Services or remain unreported (Banning, 1989; Denov,
2003; Finkelhor & Redfield, 1984; Olson, 1990; Urquiza & Keating, 1990). To allow a more complete
examination of the nature of female sexual offending, the current study compared cases reported to child
protective services and cases managed by the criminal justice system.

Clinical samples versus criminal justice samples

Previous studies of female sexual abuse have examined samples from clinical populations or criminal
justice sources. Studies based on clinical samples were the first to describe important offense character-
istics, such as the victims gender and age, number of victims, perpetrator-victim relationship, and the
presence of a co-offender (Banning, 1989; Cooper, Swaminath, Baxter, & Poulin, 1990; Faller, 1987,
1995; Green, 1999; Grier, Clark, & Stoner, 1993). Many authors have criticized these studies, however,
for having small, convenience samples (Sandler & Freeman, 2006; Vandiver & Kercher, 2004). Indeed,
most samples included fewer than 30 participants. Commonly, samples from clinically-based studies
included individuals who sought mental health services and then disclosed their own sexual offending.
Vandiver and Kercher (2004) has argued that this method of obtaining participants can exaggerate the
perception of female sexual offending as a psychological anomaly.
More recently, studies examining the characteristics of female offenders in the criminal justice sys-
tem have been undertaken. In contrast to the clinical studies, these samples have been large and have
included women arrested for sexual crimes. Specifically, Vandiver and Kerchers (2004) study included
415 females arrested for sexual abuse, and Sandler and Freemans (2006) recent replication included
390 female perpetrators. The criminal justice studies are often limited to the information available in
the public record and do not access the same types of variables used by the clinical samples. For
example, treatment relevant variables, such as history of victimization and prior use of mental health
services, are typically not included in the criminal justice studies. Recent criminal justice samples
have examined the victims gender and age, and the perpetrator-victim relationship but the number
of victims and the presence of a co-offender have not been included. While large samples generally
allow greater confidence in the description of the population of interest, some authors have raised
the concern that samples from the criminal justice system may only represent the most severe cases
of abuse (Allen & Epperson, 1993; Finkelhor et al., 1986). Consequently, use of clinical or criminal
justice samples in isolation may not accurately describe the true nature of all female sexual offend-
ing.

Child Protective Services

In the existing literature on sexual abuse perpetrated by females, there has been little attention paid
to the role of Child Protective Services (CPS). Many researchers have argued that most cases of female
perpetrated sexual abuse are not discovered by the criminal justice system but are instead reported to
S.M. Bader et al. / Child Abuse & Neglect 32 (2008) 111119 113

CPS or remain unreported (Banning, 1989; Denov, 2003; Finkelhor & Redfield, 1984; Olson, 1990;
Urquiza & Keating, 1990). Based on his research of both male and female perpetrated sibling incest,
OBrien (1991) suggested that CPS tends to manage all cases of intrafamilial sexual abuse to the exclu-
sion of law enforcement. In one of the only studies to include CPS professionals, Hetherton and Beardsall
(1988) presented police officers and social workers working in child protection with identical vignettes
of sexual abuse involving either a male or female perpetrator. Both groups did consider the abuse a
serious issue and suggested that all parties receive therapy. However, both groups of professionals
deemed investigation, professional involvement, and incarceration less justified when the perpetrator
was female (Hetherton & Beardsall, 1988). This finding suggests that cases of sexual abuse perpe-
trated by females may remain in the CPS system instead of being transferred to the criminal justice
system.
If a majority of cases remain in the CPS system without being transferred to the criminal justice
system, studies relying on criminal justice samples would not capture these cases. Furthermore, because
studies of clinical samples have included small numbers of perpetrators, a large percentage of cases are
not included in these existing publications. Therefore, the current study adds to the existing literature that
has used clinical samples or criminal justice samples in isolation by using a sample that includes both
women reported to CPS and women in the criminal justice system. The comparison between these two
samples allows a more complete examination of the nature of female sexual offending.

Hypotheses

Based on the differences between studies using clinical and criminal justice samples, differences
between a CPS sample and a criminal justice sample were expected. Following OBriens (1991) argument,
cases of extrafamilial abuse were expected to be more prevalent than intrafamilial abuse in the criminal
justice sample. Various commentators and researchers have also suggested that women offending in the
presence of a male co-defendant may be seen as an auxiliary victim and less culpable (Matthews, 1993;
Matthews, Mathews, & Speltz, 1991; Nathan & Ward, 2002). Thus, cases of women acting alone were
hypothesized to be more prevalent in the criminal justice sample, while women with a co-perpetrator
were expected to be more common in the CPS sample. It was also expected that the two samples would
differ in regard to the victims age and gender. For example, when the reporting victim is young, it may
be more difficult to develop probable cause for arrest. Consequently, younger victims would be included
less often in samples drawn from criminal justice sources (Casady, personal communication; Vandiver &
Kercher, 2004).

Method

Sample

All women in a Midwestern states child abuse registry, law enforcement records, and sexual offender
registry accused of perpetrating sexually assaultive behavior against a child were included in this study.
The child protective service sample consisted of 179 women, and the criminal justice system sample
consisted of 57 women. These 236 women were reported to the agencies between 1994 and 2004, and
114 S.M. Bader et al. / Child Abuse & Neglect 32 (2008) 111119

perpetrated sexual offenses against 373 victims. Approval for this study was obtained from the Institutional
Review Board of the University of Nebraska-Lincoln as well as the Nebraska State Patrol, Child Protective
Services, and local law enforcement agencies.
The child abuse registry cases were drawn from an existing electronic database that included
reports of suspected physical abuse, neglect, sexual abuse, sexual exploitation, or emotional injury
to a child under age 19. Cases involving women as the perpetrator of sexual abuse or exploita-
tion were extracted from this larger database. For the purpose of this study, unsubstantiated cases
of sexual abuse were excluded. The child abuse registry database included information about the
co-perpetrator (if one was present), perpetrator-victim relationship, and whether physical abuse or
neglect was also reported. The registry also provided the victims age, race, and gender informa-
tion.
The criminal justice sample was drawn from two sources: law enforcement records and the state sexual
offender registry records. Adult female perpetrators made up 1.3% of the 4,383 cases of sexual offend-
ing detected by law enforcement officials during this time period. Women charged with contributing
to the delinquency of a minor, pandering, or sexual assault were included. Cases involving a monetary
transaction or consensual intercourse with an adult in a public place were excluded. The law enforce-
ment cases, in contrast to the CPS cases, required enough legal evidence to press charges. In addition
to information about any co-perpetrators and the perpetrator-victim relationship, the law enforcement
database also provided information about prior criminal history and other prior police contacts (e.g.,
suicide attempts). Some of the sexual assault cases also included the transcripts of the interviews with the
victims detailing the nature of the crime. The state sexual offender registry provided information about
cases of female sexual misconduct that involved enough legal evidence to press charges and find the
women guilty beyond a reasonable doubt. These detailed cases provided the most information, includ-
ing prior criminal history, victim information, court testimony, sexual offender supervision level, and
psychological evaluations.

Coding manual

While the child abuse registry data was extracted from an existing database, the law enforcement
records and sexual offender registry records were reviewed and cataloged using a 40-item coding manual.
Before coding each criminal justice data source and prior to data analysis, the names of perpetrators from
all sources were cross-referenced to assure that each woman was accounted for only once and without
replication. Demographic information about offenders and victims was coded to replicate findings from
earlier studies. Presence of a co-offender, gender of the co-offender, perpetrator-victim relationship,
number of victims, and previous contacts with child protective services were consistent variables across
all databases. To assess the reliability of coding, 40 cases were coded by an independent rater. Interrater
reliability was found to be 0.81 using a Kappa coefficient.
For the purposes of this study, criminal justice involvement was defined as any investigation by the
police or any prosecutorial activity. Previously used definitions of intrafamilial and extrafamilial abuse for
perpetrator-victim relationships were used in this study (Vandiver & Kercher, 2004). Intrafamilial abuse
included any perpetrator who was related by blood or marriage to the victim (e.g., mother, aunt, sister-in-
law). If the perpetrator was an unmarried partner of a close relative and living in the victims home, then
the abuse was also considered intrafamilial. Extrafamilial abuse included any unrelated acquaintances or
strangers (e.g., babysitter, teacher).
S.M. Bader et al. / Child Abuse & Neglect 32 (2008) 111119 115

Table 1
Characteristics of female offenders and victims in the CPS and criminal justice systems
Variable CPS (N = 179) Criminal justice (N = 57) p
Mean perpetrator age (SD) 32.73 (6.64) 28.4 (8.37) .001
Mean victim age (SD) 9.03 (4.26) 12.88 (3.62) .001
Victim gender .001
Male only 14.5% 62.1%
Female only 63.7% 31.9%
Both 21.8% 5.9%
Victim relationship .001
Intrafamilial only 97.8% 34.7%
Extrafamilial only 1.1% 63.3%
Both 1.1% 2.0%
Mean number of victims (SD) 1.65 (0.825) 1.60 (1.07) .07
Co-offender present 28.6% 24.6% ns
No prior criminal history 44.9% 40.4% ns

Data analysis

Each case was classified as either having criminal justice involvement or not having criminal justice
involvement. To compare the two samples, analysis of variance (ANOVA) was used for continuous
variables and 2 analysis for categorical variables. SPSS (Lead Tools, 2001) was used for all data
analysis.

Results

Both samples were predominantly Caucasian with 4.5% of the 179 women in the CPS sample and
3.5% of the 57 women in the criminal justice sample described as African-American. Two percent
of the CPS sample and 3.5% of the criminal justice sample were described as Latino. While similar
to the states demographics, the samples are not representative of the states correctional population
which is 24% African-American and 10% Latino (Nebraska Department of Correctional Services, 2006).
Most of the 373 victims were also Caucasian; 9% were described as African-American and 3% as
Latino.
There were significant differences between the criminal justice and CPS samples (Table 1). The CPS
sample had significantly older female perpetrators, younger victims, more female victims, and more
intrafamilial victims. A majority of the CPS cases involved intrafamilial victims who were female.
However, an analysis of potential interactions between perpetrator-victim relationship and the victims
gender was not statistically significant. For further analyses, the age of victims was dichotomized into
children age 12 and under and 13 to 19. The CPS sample had a majority of victims under age 12 (74.9%),
while 22.2% of the criminal justice sample had victims in this age group (p < .001). There was also a
significant interaction between the victims age and gender, p < .001, indicating that the CPS sample
was significantly more likely to include cases with younger, female victims. There were no significant
116 S.M. Bader et al. / Child Abuse & Neglect 32 (2008) 111119

differences in the mean number of victims, percentage of offenders with a co-offender, or the number of
previous non-sexual criminal offenses between the two samples.
The case descriptions from the criminal justice sample included information about the specific nature
of the abuse or descriptions of the crime. Of these 57 cases, six (2.5%) included some description of the
perpetrator using physical force to gain compliance, and nine (3.9%) involved the perpetrator providing
drugs or alcohol for the victim at the time of the assault. No cases included descriptions of the perpetrator
using a weapon to gain compliance.

Discussion

The present study attempted to extend current research on female sexual offenders by comparing
a criminal justice sample and a sample of women reported to CPS. The results showed that cases in
the criminal justice system sample tended to include older, male victims who were not related to the
perpetrator, while the cases in the CPS sample tended to involve younger, female victims who were
related to the perpetrator. While some large studies have been conducted recently, the current study
is the first to use large, state-wide databases to identify and compare these very different types of
samples.
As hypothesized, the victims age was related to the sample such that older victims were more prevalent
in the criminal justice sample. This finding is consistent with the recent criminal justice studies on female
sexual offenders that found a majority of the victims to be between the ages of 12 and 17 (Sandler &
Freeman, 2006; Vandiver & Kercher, 2004). The predominance of victims under age 12 in the CPS sample
is consistent with Margolin (1991) and others using clinical samples (Faller, 1987; Grayston & De Luca,
1999; Margolin, 1991; Rudin, Zalewski, & Bodmer-Turner, 1995). This difference in the victims age
between the two samples suggests that discrepancies between previous studies may be related to the
samples studied and not a characteristic of the female offender population.
The current comparison of a CPS sample and a criminal justice sample highlights the varied findings
about victim gender in the previous literature on female sexual offenders. Consistent with some previous
studies, the majority of victims in the CPS sample were female (Kercher & McShane, 1984; Rudin et al.,
1995). However, the criminal justice sample is more similar to recent research reporting higher numbers of
male victims (Lewis & Stanely, 2000; Matthews et al., 1991; Miccio-Fonseca, 2000; Sandler & Freeman,
2006). A significant interaction between victim gender and victim age indicated that the criminal justice
system sample had more cases involving older, male victims. These results could explain why Sandler
and Freemans (2006) criminal justice sample included more male victims.
With regard to the victim-perpetrator relationship, data from clinical samples has consistently supported
Kaufman, Wallace, Johnson, and Reeder (1995) finding that over 75% of victims are abused by female
perpetrators who are related to them (Faller, 1987, 1995; Sholevar & Schwoeri, 1999). Mirroring these
findings from clinical samples, 98% of the victims in our CPS sample were intrafamilial. In contrast to
these large percentages, Vandiver and Kercher (2004) sample from the criminal justice system found that
only 37% of the victims were related to the perpetrator and our criminal justice sample only had 30%
intrafamilial cases. The current findings support OBriens (1991) assertion that child protective services
manages most intrafamilial cases of sexual abuse to the exclusion of law enforcement agencies.
Although earlier research suggested that women were often coerced into sexual offending by a male
co-offender (Faller, 1987), both the CPS sample and the criminal justice sample had approximately three
S.M. Bader et al. / Child Abuse & Neglect 32 (2008) 111119 117

quarters of the women perpetrating alone. This finding is consistent with more recent studies that show
a majority of women acting alone (Denov, 2001; Finkelhor, 1984; Kaufman et al., 1995; Kubik, Hecker,
& Righthand, 2002; Lewis & Stanely, 2000; Nathan & Ward, 2002).
Approximately 60% of the women in both the CPS sample and the criminal justice sample had one
victim. While there has been little published data concerning multiple victims, this percentage is somewhat
lower than previous studies reports of 6092% of female sexual offenders having multiple victims (Faller,
1987, 1995; Finkelhor, 1984).

Limitations and future directions

Although the use of data collected from the child abuse registry, law enforcement records, and the
state sexual offender registry allowed an examination of a large number of cases, there are inherent
limitations to this method. The various agencies may define child sexual abuse differently based on their
goals. For example, while child protection agencies will investigate based on suspicion, law enforcement
records may not include an officers concerns that abuse occurred when there is inadequate evidence.
Furthermore, some sources of information were more detailed than others limiting examination of the
nature of abuse in each case. There may have been a relationship between specific acts, such as penetration
or intercourse, and criminal justice intervention. However, the data collected for this study did not allow
for these analyses. There is also limited information about perpetrators educational attainment, marital
status, and history of sexual victimization, potentially important variables mentioned in the previous
literature.
The current findings indicate that the majority of female sexual assault cases are managed by CPS
and not law enforcement agencies. However, the current study only examined agencies in one Midwest-
ern state. Other states may show different collaboration patterns between agencies. Because both law
enforcement and child protection bring valuable training, experience and unique perspectives to the issue
of child sexual abuse, it would be beneficial to determine how decisions about collaboration are made.
In conclusion, these findings have important implications for both research and clinical practice.
Significant differences between criminal justice and CPS samples highlight the importance of examining
samples that have been drawn from both sources to describe the true nature of female sexual offending. The
finding that most cases of female perpetrated sexual assault did not lead to criminal justice involvement
also suggests that clinicians will most often encounter perpetrators and victims in clinical settings rather
than forensic or correctional ones.

Acknowledgment

Special thanks to Mary Fran Flood, Katherine Schoeneman-Morris and Erin Richter for their helpful
comments on earlier versions of this paper.

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