research shows that child molesters rarely serve `serious time'

By Richard P. Morin

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.

Past studies of people convicted of sexual crimes against children have shown that the average jail sentence is five to six years, a conclusion that Cheit says "is absolutely not true." Cheit contends that those studies are not comprehensive and therefore do not provide an accurate picture of punishment rates for those convicted of child molestation. For Cheit's analysis, "we said let's take a look at every person in a given year" who was charged with child molestation. "Other studies have only picked the worst cases," he noted.

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."