His research shows that child molesters rarely serve `serious time'
Child molestation, like other capital offenses such as murder, carries a maximum sentence of life behind bars. But few people in Rhode Island charged with sexual crimes against children serve significant amounts of jail time, according to Ross Cheit, professor of political science and public policy.
An electronic analysis by Cheit of the outcomes for those charged with child molestation from 1985-1993 revealed that 70 percent of those found guilty did not serve jail time. "Most people think that if found guilty of a felony sex offense against a child you'll serve serious time, but that is rarely the case," said Cheit.
In addition, past studies have been flawed, Cheit says, because they did not
distinguish whether the individual was charged with multiple offenses. "The
heaviest sentences went to those who had additional charges," he said. "In
Rhode Island it appears that only first-degree child molestation cases [in
which penetration occurs] are taken seriously."
Many child molestation cases are hidden from the public with the help,
ironically, of the law. Rhode Island law requires all records involving cases
of child molestation to be sealed. The law is intended to preserve victims'
privacy, but it also has led to protection of criminals.
Cheit surveyed newspaper coverage of people charged with child molestation in
Rhode Island. The study revealed that only a small percentage of people accused
ever had their names published. Fewer articles detailed actual cases. "Most
articles are about arrest and arraignment. Very few are about actual outcomes,"
Cheit said.
Because the laws are designed to protect the privacy of those involved in the
cases, the media depend upon the police and state's attorney general's office
for information. The attorney general's office seeks publicity for long-term
punishments it secures for offenders, Cheit says. "They aren't going to call up
and say, `We had two more probations today.' So what you get is coverage that
leads people to believe that [defendants] who are convicted of child
molestation are getting long sentences."
Cheit is not only challenging widely accepted beliefs about punishment for
child abusers; he also is turning an analytical eye toward the reportage of
sexual crimes against children in the United States.
"Some people cite numbers that indicate two-thirds of the sexual abuse cases
are unfounded or two-thirds are false accusations," he said. Actually,
two-thirds of the cases are unsubstantiated, "which means social workers
thought the actual abuse happened, but don't think not enough proof," Cheit
said.
A child's first complaint of child molestation often remains unsubstantiated,
Cheit said, but later complaints are often substantiated. Therefore, if a
social worker substantiates a child's third complaint, the public record of
data would show two reports of unsubstantiated abuse, then a report of
substantiated abuse. "I could say one claim is substantiated and you could say
two-thirds are unsubstantiated," said Cheit. "So unless you count by child and
not by charge, you are going to miss the problem entirely."
In addition, most studies of child abuse do not separate the charge by type:
sexual, physical or neglect. "Most neglect cases go unsubstantiated, so this
creates a false image that most sexual abuse accusations are false," he said.
"But if you separate sexual abuse cases from all other forms of child abuse,
two-thirds of the cases are substantiated."
Although most cases of child molestation have not received widespread media
attention, the issue of repressed memory and child abuse has. And Cheit, having
remembered his own abuse by a camp counselor only later in his adult life,
believes too much emphasis has been placed on memory issues when discussing
child abuse.
Cheit said he would like to see a change in state laws that provide a statute
of limitation on the prosecution of cases of child sexual abuse. "I have found
some instances where murder cases were brought to trial 44 years after the
fact. ... Additionally, there are a number of states that have no statutes of
limitation on such crimes as arson and misuse of public funds. All are capital
offenses. Why should crimes committed against children have a statute of
limitations?"
Some states do allow for criminal charges to be brought when an individual
first remembers the crime. "But for most people it is not an issue of memory,
but cognition and comprehension," said Cheit. "To take legal action [by age 18]
is somewhat unrealistic. In many cases the person who has been violated is
probably still living at home and financially dependent on the person who may
have committed the crime. So let's be realistic. I think the first realistic
opportunity this person has to bring charges is after they've left the home and
college."
Cheit hopes that by bringing his research and his own experience with child
abuse to the attention of the nation, sexual crimes against children can be
dealt with more effectively.
"I'm willing to talk about things that are very unpleasant," he said. "But it
needs to be discussed because much of what is being contributed comes from
people who are concerned with false accusations. Meanwhile children continue to
be abused and many criminals get away with it without serving any jail time."