Factors influencing the decision-making process of the South African judicial system when dealing with false sexual abuse allegations in parental responsibilities and rights disputes

Hermann, Janette

Factors influencing the decision-making process of the South African judicial system when dealing with false sexual abuse allegations in parental responsibilities and rights disputes

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Social Development

Faculty

Faculty of Humanities

Abstract

Judicial decision-making in high-conflict matters concerning parental responsibilities and rights is a complex process within the South African and international judicial systems alike, with a significant impact on families, especially when false sexual abuse allegations emerge during the proceedings. While limited South African research on this subject exists, international studies, drawing on legal case law, scholarly literature, and judicial guidelines, offer insight into the topic (Ferguson, Wright, Death, Burgess & Malouff, 2018; Death, Ferguson & Burgess, 2019; Moloney, 2008; Lowenstein, 2012; Shapiro & Sanchez-Rivero, 2017). This study implements a multi-theoretical approach, utilising heuristics and biases theory, the theory of reasoned action, and attribution theory to explore the issue. The study utilised an exploratory qualitative research methodology with participants consisting of professionals in family law, including judges and senior advocates, all of whom possessed knowledge of the complexities involved in judicial decision-making, particularly in cases involving sexual abuse allegations. The researcher conducted semi-structured interviews to collect the data, which were analysed thematically using Atlas.ti. An explicit audit trail, coding memos, and peer debriefing with the academic supervisor were maintained to enhance transparency, dependability, and credibility. The findings of this research indicate four interrelated themes: (1) the role of judicial biases and the influence of parental conflict dynamics on case outcomes; (2) the absence of clear criteria and reliance on testimonial, medical, and expert evidence; (3) the emotional and developmental impact on children caught in prolonged disputes; and (4) gaps in judicial qualifications and the urgent need for specialised training on high-conflict personalities and false sexual abuse allegations. These results confirm that judges and magistrates within the South African judicial system often lack the necessary knowledge and skills to manage such cases effectively, leading to procedural delays, reliance on multiple experts, and outcomes that may not uphold the best interests of the child. This study contributes empirically by capturing rarely accessed elite perspectives from judges and senior advocates, theoretically by extending decision-making models into the South African context, and practically by proposing a prioritised, feasible roadmap of reforms. Recommendations include specialised judicial training, the appointment of a single expert, safeguards for the child's voice, and the introduction of structured guidelines to support consistency in judicial practice. Given the lack of published scientific research on this particular topic in South Africa, this study also serves as a foundation for future research and guideline development, offering evidence-based support to improve judicial responses to false sexual abuse allegations in parental responsibilities and rights disputes.

Keywords

judicial system

false sexual abuse allegations

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