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Article
105. Appellate review of child sexual abuse convictions: The importance of character evidence
Child Maltreatment (In Press) (2023)
  • Suzanne St. George, University of Arkansas at Little Rock
  • Hayden Henderson, Stanford Law
  • Michaela Flippin, East Carolina University
  • Stacia N. Stolzenberg, Arizona State University
  • Thomas D. Lyon, University of Southern California Law School
Abstract
This study examined the role of character evidence and other issues in criminal appeals of child sexual abuse (CSA) convictions. Character evidence includes other acts and character witnesses who testify to another’s reputation or opinion, which is offered to prove an individual’s propensities. Examining 168 appellate court opinions reviewing CSA convictions between 2005 and 2015 in Maricopa County, Arizona, we found that when specific types of evidence were at issue, they were most often character evidence issues (49%). However, appellate courts virtually never reversed convictions (n = 5), and when defendants did obtain relief, the reduction in charges or in sentences was minor. Of the small number of opinions that were published (n = 4), all focused on character evidence, including the single case reviewed by the Arizona Supreme Court. However, close examination of the published cases suggested they effected only modest change. 
Keywords
  • child sexual abuse,
  • character evidence,
  • criminal appeals
Publication Date
Fall November 11, 2023
DOI
https://doi.org/10.1177/10775595231196096
Citation Information
St. George, S., Henderson, H., Flippin, M., Stolzenberg, S.N., & Lyon, T.D. (in press) Appellate review of child sexual abuse convictions: The importance of character evidence. Child Maltreatment.