A decision pathway analysis of consent-seeking procedures in responsibility and rights cases characterized by child sexual abuse allegations

Abstract

The purpose of the study was to obtain the perception of forensic social workers on consent, specifically in care and contact cases characterized by sexual abuse allegations where one party withholds consent. Furthermore, to formulate a consent-seeking pathway or ‘decision-making-pathway’ to assist forensic social workers in cases where consent is withheld. The findings indicated that there are various factors that influence decision-making. These factors include (1) who is the primary caregiver of the child(ren) concerned; (2) What is the source of the referral; (3) What is the child’s best interest; (4) What is the possibility of obtaining a court order, and (5) What are the chances of the possible sexual abuse continuing. The study shows that the above-mentioned are the most significant factors that could influence various decision-making processes, and should consequently be taken into account when deciding to proceed with court procedure. The leading correlation that stood out was the best interest of the child principle. It seems that it is the defining influence factor in the process. Additionally, it was indicated that what is the best interest of the child in one case might not be the same in another case. The decision-making-pathway was constructed with four decision-making blocks where questions are presented to the forensic social worker with four possible solution blocks as a response to these questions. Each decision block can be answered by a ‘yes’ or a ‘no’. The answer either leads the forensic social worker to a solution or another question. This pathway can be followed until the forensic social worker ultimately has a solution on how to proceed with the case. The data analysis, findings, and decision-pathways are discussed throughout this article.