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Avaa tiedosto - TamPub - Tampereen yliopisto

Avaa tiedosto - TamPub - Tampereen yliopisto

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siveness of studies conducted on children and the expertise of those conducting them<br />

vary. When possible abuse is then dealt with in court in connection with child custody<br />

disputes, the threshold in the presentation of evidence is often high and it is possible that<br />

the risk of child sexual abuse is actually belittled.<br />

The analysed case documents demonstrate that the attitudes of professionals in social<br />

services and health care and judges vary between two standpoints that deviate from<br />

each other. From the “criticism of suspicion” point of view, suspicion of sexual abuse<br />

raised in child custody disputes can be suspected to be fabricated to serve a purpose. At<br />

the same time it might be emphasized how just a suspicion already hurts the accused<br />

parent and burdens the allegedly victimized child. From this point of view, the presented<br />

evidence of child sexual abuse is interpreted extremely scrupulously and called<br />

into question. When the situation is looked at from the ”concern for the child” perspective,<br />

it is emphasized that sexual abuse of children endangers and erodes seriously their<br />

possibilities to a safe life and balanced development. In this line of thinking, what is<br />

considered essential is careful examination of allegations and protection of the child if<br />

sexual abuse seems probable or possible.<br />

As professional helpers and authorities detect suspicions of sexual abuse in child<br />

custody disputes, these interpretation methods are immediately present. The “criticism<br />

of suspicion” and “concern for the child” perspectives are not directly divided according<br />

to occupational groups but are manifested in the views of social workers, child psychiatrists<br />

and judges. Sometimes professional differences can be detected; social workers,<br />

psychologists and child psychiatrists in their line of work underline the concern for the<br />

child and the judges in their interpretations criticism over suspicions of sexual abuse.<br />

When dealing with suspicions of child sexual abuse is compared to encountering<br />

physical violence against children and intimate partner violence in the different phases<br />

of child custody disputes, similarities can be found in them. Both sexual abuse and<br />

physical violence have to be proven to have an impact on decisions over child custody<br />

disputes. On the other hand, these are matters requiring evidence that is difficult to get<br />

and that varies in quality. Another significant combining factor is that maintaining the<br />

child’s relationship with the parent proven guilty of violence/sexual abuse is considered<br />

important despite the problems, and visits are allowed to be continued. Instead of being<br />

terminated, they are typically ordered to take place under supervision. Third, what is in<br />

common to the assessment of abuse and physical violence is the use of very careful and<br />

vague language. In fact, the words in assessments and conclusions concerning child<br />

sexual abuse are even more carefully chosen than in those concerning use of violence.<br />

268

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