TECHNICAL REPORT
YOUNG OFFENDERS AND THE SEXUAL ABUSE OF CHILDREN
Joseph P. Hornick, Ph.D.
Canadian Research Institute for Law and the Family
Floyd H. Bolitho, Ph.D.
Faculty of Social Work, The University of Calgary
and
Denise LeClaire, M.A.
Canadian Research Institute for Law and the Family
April 1994
tr1994-1e
The present study was funded by the Research and Statistics Division, Department of Justice Canada. The views expressed herein are solely those of the author and do not necessarily represent the views of the Department of Justice Canada.
EXECUTIVE SUMMARY
Introduction and Purpose of this Report
Given the fact that a recent in-depth study on child sexual assault in Canada found that a disproportionate number of sexual assaults on children were perpterated by adolescents, the Department of Justice Canada contracted the Canadian
Research Institute for Law and the Family (CRILF) to re-analyze data of the original study with a focus on adolescents (under 18 years of age) accused of sexual offences. Given the broad investigative nature of this study, the following
objectives were identified to provide the framework for the analysis of data:
(1)To provide a comparison of cases involving young and adult sexual offenders processed through the criminal justice system. Cases will be compared in terms of profiles of offenders, victims, and occurrence characteristics;
(2)To provide a detailed statistical profile of the victims of young sexual offenders;
(3)To provide a detailed statistical profile of young sexual offenders; and
(4)To develop an empirically-based typology of behaviours manifested by young sexual offenders.
Research Design
The data analyzed in this report were collected between 1989 and 1991 in five sites across Canada, including Calgary, Edmonton, Rural Alberta, Saskatchewan and Hamilton. All of these studies used the same instruments and study design to track
cases of child sexual abuse as part of the assessment of Bill C-15, An Act to Amend the Criminal Code and the Canada Evidence Act. While the original studies used numerous sources of data, the current analysis uses only the information
obtained from a review of police files.
The total sample of young (n=562) and adult (n=1908) accused used in this report is 2,470 cases. The proportion of young accused ranged from a low of 16 percent in Calgary to a high of 29 percent in Saskatchewan and Hamilton. These cases
provide the data for the analysis of this report. Analysis of basic demographic data indicated that although there were generally few females accused, there were significantly more young female accused (8.4 percent, n=47) than adult female
accused (2.8 percent, n=53). There were also significantly more young aboriginals accused (25.9 percent, n=76) than adult aboriginals accused (15.5 percent, n=157).
Summary of Findings
The analysis of data in accordance with these objectives provided information that reflects on four basic questions. The four questions are as follows:
(1) Who were the victims of young accused?
(2) Who were the young accused?
(3) What occurred?
(4) What was the outcome?
The findings of the data analysis, as they relate to these questions, are summarized below.
Who Were the Victims of the Young Accused?
-Most of the victims of child sexual abuse were female, regardless of whether the accused was an adult (82 percent) or young person (68 percent); however, the proportion of male victims was significantly higher when the accused was a
young person (i.e., 32 percent compared to 18 percent for adult accused).
-The victims of young accused were significantly younger than for adult accused (22 percent were less than five years old compared to 12 percent for adult accused).
-Young male accused tended to victimize females (71 percent), and young female accused tended to victimize males (65 percent).
-Male accused tended to victimize males closer to their own age than females (average age difference of 6.7 years for male victims in contrast to 4.6 years for female victims).
-Female accused also tended to victimize those of their own gender closer to their own age than males, however, in contrast to male accused they tended to victimize younger children (average age difference of 7.5 years for female victims
and 8.7 years for male victims).
Who Were the Young Accused?
-Most of the young and adult accused (over 90 percent) were males, however, there were more young female accused (8 percent) than adult female accused (3 percent).
-A significant number of both young male (10 percent) and young female (13 percent) accused were under 12 years old.
-Young male accused tended to be older than young female accused.
-A significant number of young female accused (19 percent) had a co-perpetrator, usually a male.
-Young female accused tended to be babysitters (40 percent) or siblings (23 percent) compared to young male accused who tended to be friends (32 percent), siblings (21 percent), or babysitters (15 percent). Only 4 percent of the young
female accused and 8 percent of the young male accused were strangers.
What Occurred?
-A substantial proportion of occurrences involved more than one victim (35 percent for young accused and 37 percent for adult accused).
-The proportion of cases involving more than one accused was greater for young accused than for adult accused (17 percent compared to 7 percent). The proportion of multiple accused cases increased to 38 percent for the young accused
under 12 years old.
-The majority of cases (53 percent) involving both male and female young accused were reported to be single incidents. This increased to 74 percent for cases involving male accused under 12 years old.
-Young accused used force much more frequently than adult accused (35 percent compared to 26 percent). Further, the use of force was most common for young male accused when the victim was female (46 percent) followed by the use of force
by young female accused with male victims (38 percent).
-Verbal force and enticement were used more by older young accused and adult accused.
-Victims of adult accused as well as young male and young female accused were equally likely to suffer physical injury (approximately 12 percent). However, victims of adult accused were significantly more likely to be emotionally injured
(25 percent compared to 19 percent).
-The most common form of behaviour regardless of age and gender of the accused was genital fondling (over 50 percent of the cases).
-Young accused regardless of age manifested significantly more of the intrusive behaviours such as oral sex (24 percent) and anal penetration (8 percent) compared to adult accused (20 percent and 5 percent respectively). However, the
rate of vaginal penetration was similar for both young accused (16 percent) and adult accused (18 percent).
-Young female accused were reported to have perpetrated more oral sex (30 percent compared to 24 percent) than young male accused.
-A factor analysis of offence behaviour items indicated that a range of behaviours including less intrusive items such as exposure through more intrusive behaviour such as forced oral sex typified occurrences perpetrated by both adult
and young male non-stranger accused when the victim was female.
-When the victim was male, a factor analysis revealed differences between adult and young male non-stranger accused. The defining behaviours perpetrated by young accused seem to be more direct and intrusive, such as forced fondling and
penetration of the anus with the penis, compared to adult accused defining behaviour, which included showing pornography and masturbation.
What Was The Outcome?
-While the rate of cases unfounded was approximately the same for both young and adult accused (8 percent and 7 percent respectively), cases involving adult accused were more likely to be cleared by the police laying charges (71 percent
compared to 55 percent).
-More cases involving young female accused (26 percent) were deemed unfounded than cases involving young male accused (7 percent). In addition, young female accused were less likely to be charged by police than young male accused (30
percent charged compared to 57 percent for male accused).
-Older young accused were more likely to be charged by police than younger accused (63 percent of 16 and 17 year olds compared to 44 percent of 12 and 13 year olds).
-Conviction rates for those cases that went to trial were significantly higher for young accused than for adult accused.
Conclusions
The review of research literature presented in Chapter 2.0 points to the recent increase in awareness of the problem of sexual assaults perpetrated by adolescents. It alsodocuments the controversy as to whether these acts should be considered
criminal behaviour. The lack of knowledge derived from rigorous empirical research in this area has fuelled the controversy. This controversy is of special significance in Canada because of the recent implementation of Bill C-15, which
broadened the definition of child sexual abuse. This report provides empirical data, obtained from a number of locations across Canada, that are relevant to this issue.
There is considerable consensus in the literature that incidents that have one or more of the following characteristics should not be considered normal and may be considered criminal:
-significant age difference between the victim and offender;
-the use of power or force by the offender;
-negative impact on the victim; and
-intrusive, age-inappropriate behaviour.
The findings above reflect directly on these characteristics.
Significant Age Difference
A number of researchers have argued that an age difference of five years or more between the adolescent offender and the child victim constitutes sexual abuse (Knopp, 1982; Fehrenbach et al., 1986; Davis and Leitenberg, 1987; Breer, 1987).
However, as Barbaree, Marshall and Hudson (1993) have indicated, even the criterion of age difference (i.e., five years) cannot be applied in a straightforward manner because age differences become more difficult to apply when both the
offender and the victim are younger.
The continuing controversy around the use of age difference, particularly if used by itself, only points to the lack of knowledge of what constitutes "normal" and "abnormal" child and adolescent sexual behaviour (Barbaree
et al., 1993). Regardless of the controversy, the current data indicate a considerable average age difference between accused young persons and their victims. In fact, the victimization of very young children, i.e., under five years old, was
common for both young male and young female accused, however, more so for female than male accused.
Use of Force
Ryan (1991a) defines an adolescent sex offender as a minor who commits a sexual act with a person against the person's will, without consent, or in an aggressive, exploitive or threatening manner. In the broadest sense the key element of
this description is the use of force.
Force, as measured in this study, was quite specific and referred to the use of physical and verbal aggression as identified by police. Even though it was rather narrowly defined, use of force was quite prevalent in the cases examined in this
report. Somewhat unexpectedly, the use of physical force was more common with young accused than with adult accused (35 percent compared to 26 percent). Further, the use of force was most common when the accused was a young male and the
victim female. However, the use of force by young female accused was also very common. Verbal force and enticement were more common in cases involving older young accused and adult accused.
Negative Impact on the Victim
Negative impact on the victim can include a range of factors from mild to severe emotional and/or physical trauma. Such trauma has been found to be associated with a number of variables including the intrusiveness of contact, relationship to
offender, and age at time of occurrence (Pelletier, 1990).
In the current study, data on the impact on the victim were limited to "physical injury" and police perception of the victim being "emotionally upset" at the time of the report. Thus, our findings are limited in this area
and, at best, far underestimate the long-term negative effects of sexual abuse on the child. Despite the narrow definition of negative impact in this study, its prevalence was substantiated. For example, victims suffering physical injury were
reported in approximately 12 percent of all cases. Further, emotional injury was indicated in 19 percent of the cases involving young accused.
Intrusive Age-Inappropriate Behaviour
Identifying what is age-appropriate and what is age-inappropriate sexual behaviour for children is not an easy task. While there is general agreement by experts on general trends, there is much disagreement about what specific behaviours
constitute sexual assault. Often, only the more violent and intrusive behaviours are clearly labelled as sexual assault.
In terms of general trends, many experts (Chilman, 1983; Brick and Cooperman, 1987; Martinson, 1991; Greydanus and Shearin, 1990) believe that while sexual exploration begins in the early years with children exhibiting curiosity about their
bodies, their parent's bodies, and differences between boys and girls, young children do not have the cognition or maturity to interact as sex partners. As they grow older, between the ages of four and eight, children may engage in sexual
play (i.e., doctor) with peers or agemates. Such sexualexploration is generally held by these experts to be a normal, harmless growing up experience. During preadolescence, ages 8 to 12 years, puberty begins, and masturbation and body
exploration with peers or agemates of the same or opposite sex is common. Pubertal changes continue during adolescence, and sexual activity with people of the same, opposite, or both sexes may occur.
In the current study, detailed information was collected from the police files on the nature of the behaviour that occurred. While the most common behaviour was genital fondling, the relatively common manifestation of more intrusive
behaviours, such as oral sex (24 percent), vagina penetration (16 percent), and anal penetration (8 percent) by young accused, regardless of age, was disturbing. Interestingly, the rates for oral sex and anal penetration surpassed the rates
for adult accused. In contrast, less intrusive behaviours such as exposure, masturbation, and non-genital fondling were more common behaviours perpetrated by adult accused.
Is Normal Sexual Exploration Being Mislabelled?
While conclusions cannot be made concerning individual cases that comprise the data set used in this study, aggregate data analyses lead to the conclusion that, for the reasons outlined above, the cases described in this report typify
abnormal sexual behaviour.
Other Concerns
In addition to the general conclusions of this study presented above, there are a number of other findings that warrant being highlighted.
Accused Under 12 Years Old
The significant number of accused under 12 years old raises a number of issues. These youth, of course, cannot be charged under the Young Offenders Act. Commonly, they are referred to provincial child welfare services, however, data
were not available on what actually happened to these cases. Of special concern was the fact that this group of offenders manifested high levels of intrusive behaviour similar to older, young accused, such as oral sex and vaginal penetration.
Further, they were more likely to commit their offences with co-perpetrators.
Relationship of Accused
As the study findings indicate, young accused tended to be in close relationships with the victims. For example, the young female accused tended to be babysitters (40 percent) or siblings (23 percent). A considerable number of the young male
accused were also babysitters (15 percent) or siblings (21 percent). Very few of the young female accused (4percent) or young male accused (8 percent) were strangers to their victims.
Male Victims
The fact that a considerable number of the child victims in the current study were male raises the question of how many may themselves become adolescent, and later adult, sexual offenders.
Research and Policy
Future Research
On the basis of the findings of this study, we recommend that further research be developed and conducted to address the following issues:
-What is normal sexual exploration among youth and children, and what is abnormal and criminal?
-What are the predictors of criminal sexual behaviour, particularly violent assaults, for young male and female offenders?
-What sentences and/or treatments are young male and female convicted offenders receiving?
-What happens to accused young male and female offenders who are not convicted?
-What are the rates of reoffence among male and female young sexual offenders?
-What treatments are successful at lowering the rate of reoffence?
-What are the short- and long-term effects of sexual abuse on child victims?
Policy
On the basis of the findings of this study, we recommend that policy be developed to promote the following:
-The public should be educated regarding child sexual abuse by young persons in order to prevent its occurrence. Particular issues to be addressed should include the prevalence and nature of child sexual abuse and who the young offenders
are, e.g., siblings and babysitters.
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