The importance of consistency in complainants' evidence in the decision to prosecute child sexual abuse cases

Attrition of child sexual abuse (CSA) cases occurs at different stages of investigation, and only a small proportion of the cases reported to police are referred for prosecution. Different factors have been linked with the prosecution of CSA cases; however, little is known about how prosecutors determine which cases should proceed and which should not. This paper investigated criteria and thresholds used by prosecuting lawyers in deciding whether a child sexual abuse case should proceed. Fifty-six Australian prosecution case files (79 complainants; 58 defendants) were reviewed. The cases included contemporaneous and historical allegations of child sexual abuse, ranging from a single incident to repeated, protracted abuse over a decade. Written notes and emails in prosecutors' files were searched for perceptions of the complainants, decisions to proceed and verdicts. When a complainant was considered inconsistent in some way, giving rise to recorded concerns about their credibility or reliability, 82.3 % of these cases culminated in discontinuance or an acquittal. Conversely, 78 % of cases with complainants who were regarded as largely consistent throughout the investigation resulted in a conviction. Recorded issues with a complainant's memory of the events, cognitive capacity, and confusion about the alleged assault were not associated with case outcomes. Most CSA cases that were referred for prosecution resulted in proceeding with charges against the defendant. Perceived issues with the consistency and credibility of the complainants' evidence were the most important decisional factors.