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Thursday, May 11, 2023

Child protection

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Child_protection
 
A child protection and development center

Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. It involves identifying signs of potential harm, responding to allegations or suspicions of abuse, providing support and services to protect children, and holding those who have harmed them accountable.

The primary goal of child protection is to ensure that all children are safe and free from harm. This includes physical, emotional, psychological, and sexual abuse; neglect; exploitation; and violence. Child protection also works to prevent future harm by creating policies and systems that identify and respond to risks before they lead to harm.

In order to achieve these goals, child protection services must be provided in a holistic way. This means taking into account the social, economic, cultural, psychological, and environmental factors that can contribute to the risk of harm for individual children and their families. It also requires collaboration across sectors and disciplines to create a comprehensive system of support and safety for children.

It is the responsibility of individuals, organizations and governments to ensure that children are protected from harm and their rights are respected. This includes providing a safe environment for children to grow and develop, protecting them from physical, emotional and sexual abuse, and ensuring they have access to education, healthcare and other basic needs.

Child protection systems are a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability. UNICEF defines a 'child protection system' as:

the set of laws, policies, regulations and services needed across all social sectors – especially social welfare, education, health, security and justice – to support prevention and response to protection-related risks. These systems are part of social protection, and extend beyond it. At the level of prevention, their aim includes supporting and strengthening families to reduce social exclusion, and to lower the risk of separation, violence and exploitation. Responsibilities are often spread across government agencies, with services delivered by local authorities, non-State providers, and community groups, making coordination between sectors and levels, including routine referral systems etc.., a necessary component of effective child protection systems.

— United Nations Economic and Social Council (2008), UNICEF Child Protection Strategy, E/ICEF/2008/5/Rev.1, par. 12-13.

Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to ensure this is by giving them quality education, the fourth of the United Nations Sustainable Development Goals, in addition to other child protection systems. To protect a child has to start from conception, even how the conception took place can affect the child's development. For proper child development to take place child protection must be put into consideration.

Encountered problems

Child labour

Child labour is the practice of having children engage in economic activity, on a part- or full-time basis. The practice deprives children of their childhood, and is harmful to their physical and mental development. It is considered to be a form of exploitation and is illegal in many countries.

Due to economic reasons, especially in poor countries, children are forced to work in order to survive. Child labour often happens in difficult conditions, which are dangerous and impair the education of the future citizens and increase vulnerability to adults. It is hard to know exactly the age and number of children  who work. At least 152 million children under 5 years of age worked in 2016, but the figure is underestimated because domestic labour is not counted.

There has been a promise to end child labour internationally in 2020; unfortunately, we are in 2023 and we are looking forward to that of 2030. To achieve this SDG, there is a need to look at what various governments have on child rights and whether there is optimal implementation of such laws/policies.

Government of various countries have stipulated child right act that should serve as protection to every child. The issue of implementation of those child right laws is challenging, since many working in the welfare units are not necessarily trained social workers, especially in Nigeria. In Nigeria, majority of the people planning policies that affect our children are not actually trained for it. These affect the execution of the policy. The policy makers should ensure that those executing those policies and laws are specialists in child care and are willing to care for the welfare of the children. There are lots of good policies that majority of the people are not aware of, which needed public awareness. There should also be supervisors that ensure that those policies are executed.

The implication of child maltreatment and abuse should be criminalized and every parent should be made to enroll children to school at least to secondary school level. UNICEF stated that a child has certain rights, which education is one of them. There should be policing in every community to ensure that no child is left behind while others are in school. Parents who are not committed to educating their children should be brought to book. Government free education should be free indeed. They should enforce it by ensuring that teachers are well paid and that they are discharging their duties effectively. Some do not go to public schools because the children are not being taking care of. Many of our public schools are without fence. Movements are not restricted by children. The children are left to go anywhere and they are exposed to bad influence. No adequate discipline is mated to the children to ensure that they grow under tutelage.

Child protection should be total and not partial. Provision of basic social amenities like food, water, clothing, light and medical treatment are priority and should be made available to every child through their parents. Parents should be made to utilize what is meant for the kids on them and not to be diverted to other family needs. This calls for the presence of family social workers and community workers, who will work with the significant leaders of the community to ensure that every child is protected.

The issue of street children, beggars and almajiris should be addressed and made a thing of the past in our societies. Children should not be allowed to beg along the streets; they should be sent to schools; those that cannot read and write should be made to learn skills. For sustainable development goal 2030 to be a reality need drastic work in enforcing individual and personal development. When children are not protected and cared for, how will they develop and how will poverty be eradicated from our society for our common happy living standard. Efforts should gear towards ensuring that children develop self worth and dignity. When the children develop self worth; they will begin to add value to the system and there will be decency in our society.

To protect a child is not only when you save the child from physical harm; it also entails mind training and inculcating resilience that will make him/here copes in the face of life challenges. Many parents have negative attitude to life and they hand it over to their children. They do not believe in themselves and do not believe that thing can be better for them when they do the right thing. They are discouraged and look despair and it affect the emotional and psychological upbringing of the children. There should be programs that will focus on self determination, self discipline and persistence even when things are tough.  Right attitude to life will give children a beautiful light that life has well for them and when they work hard without allowing distractions, they will become great addition to humanity.

Every government and parent is to think of good decisions that will strengthen the growth of our children. For instance, when a government is borrowing without investing for the future of their children and the next generation; they will borrow in the name of the country but they will share it among themselves and will squander it on themselves – no building of industries, no factory for production, no good hospital, no good educational facilities, no good road, no sustainable light, no clean water for the citizen’s and the citizens are pressed to the wall to pay for every bills and tax; such country is heading to collapse and the children are not safe. Such situation produce kidnapping, armed robbery, banditry, and all kinds of social vices that cause instability to the nation. It also leads to ethnocentric agitations and divisions. The consequences of not protecting the children in a given society cannot be overemphasized.

In Nigeria, country is faced with lots of issues like political thugs, ethnic agitations, intolerance, injustice, inequality, money rituals, inappropriate acquisition of wealth and many others. All these are the resultant effect of failure of planning and lack of child protection. It creates hopelessness and lawlessness; a situation where there is not rule of law, court injunctions are not obeyed and there is chaos in the system. All the people involved in these abnormalities came from families and if they were taken care of and were shown good values and sense of belongings such selfish tendencies would have been eliminated.

Children are like arrows in the hand of mighty warriors. Shoot them at the right target and you will achieve your desire. Tell children that they are here to add to the system and not to be consumers; they will grow adding values to the entire system. Creativity is embedded in children but when the society is disorganized and do not care for the well being of their offspring, the children will tend to be useless and will one be looking for where they will loot already made wealth.

Urgent intervention is needed to the state of various communities globally and special attention should be given to the welfare of Nigerian kids, where they watch leaders pervert judgment with impunity. The just concluded election of 25 February, and 18 March 2023 are clear evidence of the dehumanizing pictures being created in the mind of our children. Aggression and forcefully taking of power will harm our children and such does not promote development. Children do not follow what you tell them rather they do what they see you do. Parents and all family stakeholders should rise to this occasion and ensure that healthy environment is created where everyone will live happily and productively.

Action it is said, speaks louder than voice. If children are not cared for; they are neglected and neglect damages interest. When a child is consciously or unconsciously neglected by either the parents, well wishers or the government, it builds indifference in the child and getting the child’s attention will be difficult. Many children are neglected, some their parents are deeply in pursuit of money and thereby neglecting the children’s well being. Many are left in the hands of uncles who later abuse them sexually because nobody cares. Many are have committed suicide leaving a heartbreaking note, expressing how their parents were able to provide their material needs but did not meet up with their psychological, emotional and mental needs.

Endangerment and infanticide

Endangerment is the act of putting a species at risk of extinction due to human activities such as hunting, habitat destruction, and pollution. Infanticide is the intentional killing of an infant or newborn. Additionally, it refers to placing a person or animal in danger or at risk of death, injury, or loss. It can occur when someone deliberately puts another person or animal in danger, either directly or indirectly. Examples of endangerment include leaving a child unattended in a car with the windows rolled up, allowing an animal to roam freely without proper protection from the elements, and providing inadequate shelter for a pet.

Infanticide is the intentional killing of infants and young children. This practice has been documented throughout history and is still occurring in certain cultures today, usually as a result of poverty or other social pressures. Infanticide can be carried out by parents, relatives, or strangers and is often seen as a form of gender-based violence, since female babies are more likely to be killed than male ones. In some cases, infanticide may also be used to conceal evidence of incest or rape. It is most commonly practiced in cultures where there is a preference for male children, or where resources are scarce.

In some countries, children can be imprisoned for common crimes. In some countries, like Iran or China, criminals can even be sentenced to capital punishment for crimes committed while they were children (the United States abandoned the practice in 2005). In contexts where military use of children is made, they also risk becoming prisoners of war. Other children are forced into prostitution, exploited by adults for illegal traffic in children, or endangered by poverty and hunger. Infanticide today continues at a much higher rate in areas of extremely high poverty and overpopulation, such as parts of China and India. Female infants, then and even now, are particularly vulnerable, which is a factor in sex-selective infanticide.

Child abuse

Most children who come to the attention of the child welfare system do so, because of any of the following situations, which are often collectively termed child abuse. Abuse typically involves abuse of power, or exercising power for an unintended purpose. This includes willful neglect, knowingly not exercising a power for the purpose for which it was intended. This is why child abuse is defined as taking advantage of a position of trust having been invested with powers.

  • Physical abuse, is physical assault or battery on the child. Whilst an assault has some adverse consequence that the victim did not agree to (the difference between surgery and stabbing) the victim agrees to the consequences of battery but the agreement is fraudulent in some way (e.g. unnecessary surgery under false pretenses). Physical abuse also harassment, a physical presence intended to provoke fear.
  • Child sexual abuse, is sexual assault or battery on the child. The vast majority of physical assaults are a reaction to a situation involving a specific victim. Sexual assault is predominantly perpetrator gratification against any suitable target. Sexual abuse covers the range of direct and indirect assaults (e.g. imagery) and the means of facilitation such as stalking and internet offences.
  • Neglect, including failure to take adequate measures to safeguard a child from harm, and gross negligence in providing for a child's basic needs. Needs are the actions to be taken to protect and provide for the child. Safeguarding is the duty of a person given the powers of responsibility for the child to take the necessary measures to protect the child. If a child is physically or sexually abused then there is an (abusive) person responsible for the assault and a (negligent) person responsible for failing to protect from the assault. In some cases they may be the same.
  • Psychological abuse, when meeting the child's needs by taking the necessary steps to protect and provide for the child the child's wishes and feelings must be considered when deciding on delivery of the provision that best serves the child's needs. Willfully failing to provide in accordance with the child's wishes and feelings, whilst it is in his/her best interests is emotional abuse (intentional infliction of emotional distress) or negligently is emotional neglect (negligent infliction of emotional distress).
  • Baby trading: Research has shown that many young girls are tricked into becoming pregnant with aim of selling the baby. This have given rise to what is called baby factory. In the baby factory the operator some times hire men that impregnate them and after delivery, the babies are sold out to unknown destination. The babies and the social mothers are abused and are made to go through hard labour during delivery. After delivery, the babies will be separated from their mothers without enjoying breast milk.

Parental responsibility

Parental responsibility is the legal obligation of a parent to provide for their child's physical, emotional, and financial needs. This includes providing food, shelter, clothing, education, medical care, and emotional support. It also includes protecting the child from harm and ensuring their safety. In 1984 the Council of Europe, the body that supervises the European Convention on Human Rights, make Recommendation R(84) 4 on Parental Responsibilities. These defined parental responsibility as a 'function' duties to be met and powers that can be exercised to meet those duties. Child abuse and neglect is failure by a person with parental or any other protective responsibility to exercise the powers for the intended purpose, which is the benefit of the child.

Actions typically include services aimed at supporting at-risk families so they can remain intact to safeguard and promote the welfare of the child, investigation of alleged child abuse and, if necessary, assuming parental responsibility by foster care and adoption services.

Child maltreatment

Child maltreatment refers to anything done to an infant because he or she cannot defend himself. The maltreatments can be beatings, speaking harshly to the child, denying the child food, stopping the child from going to school, and many others. Child maltreatment includes child abuse, hard labour, sexual harassment, and so on. It can have a lifelong effect that can be passed on to the next generation if not handled properly. This can be physical, social, psychological, emotional, and so on.

Many caregivers maltreat children, some because they were adopted and their own biological children came after adoption. Some are abused or maltreated because they were maids; some as a result of colour color or out of anger. Unwanted pregnancies can lead to tension that can lead to maltreatment of the child.

Services are provided by corporate bodies (or legal personalities). Parental responsibility gives parents and businesses that make provision to children and families equivalent legal entities. This includes public bodies and public bodies that regulate private bodies. This has been described as the partnership between state and family.

A position held in a body corporate places a person in a position of trust. Child maltreatment is the neglectful or abusive exercise of power in a position of trust by either business in delivery of the products that best serve the child's needs for the parents to provide for the child or by the parents in providing for the child with those products.

Other

A 2014 European Commission survey on child protection systems listed the following categories of children needing help:

  • Child victims of sexual abuse/exploitation
  • Child victims of neglect or abuse
  • Child victims of trafficking
  • Children with disabilities
  • Children in a situation of migration
  • Unaccompanied children in a situation of migration
  • Children without parental care/in alternative care
  • Children in police custody or detention
  • Street children
  • Children of parents in prison or custody
  • Children in judicial proceedings
  • Children in or at risk of poverty
  • Missing children (e.g. runaways, abducted children, unaccompanied children going missing)
  • Children affected by custody disputes, including parental child abduction
  • Children left behind (by parents who move to another EU country for work)
  • Children belonging to minority ethnic groups, e.g. Roma
  • Child victims of female genital mutilation or forced marriage
  • Children who are not in compulsory education or training or working children below the legal age for work
  • Child victims of bullying or cyberbullying

International treaties

The International Labour Organization (ILO) is a United Nations agency dealing with labour issues, created in 1919. It takes care also of child labour issues, in particular with conventions 138 and 182.

On 20 November 1959 the United Nations General Assembly adopted a Declaration of the Rights of the Child during the Convention on the Rights of the Child.

The United Nations Children's Fund (UNICEF) is a United Nations Programme headquartered in New York City, that provides long-term humanitarian and developmental assistance to children and mothers in developing countries.

In 2000, an agreement was reached among UNO countries about the military use of children.

The effectiveness of these programs is contested and seems limited to some.

History

Provincial or state governments' child protection legislation empowers the government department or agency to provide services in the area and to intervene in families where child abuse or other problems are suspected. The agency that manages these services has various names in different provinces and states, e.g., Department of Children's Services, Children's Aid, Department of Child and Family Services. There is some consistency in the nature of laws, though the application of the laws varies across the country.

The United Nations has addressed child abuse as a human rights issue, adding a section specifically to children in the Universal Declaration of Human Rights:

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding should be afforded the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life.

Child protection

Most countries have introduced laws to protect, prevent children and young persons from certain threats or harms.

United Kingdom

The United Kingdom, similar to many countries around the world, operates a wide variety of systems and safeguards to protect children from harm and abuse. To protect children from harm outside of their home life, the government use a wide variety of policy, regulations, guidance and best practice. This includes, but is not limited to:

  • The regulation of products or services by age restriction such as, gambling, tobacco, alcohol, driving, movie certification, game certification etc.
  • Criminilising specific harm to children, or providing for harsher punishments within sentencing guidelines when a child is the victim.
  • Criminilising harm to children through exploitation, trafficking or modern slavery.
  • Prohibiting unfair employment practices and placing restrictions on child labour.
  • putting in place measures and checks ensuring individuals convicted of crimes against children are not able to work in roles where children would be placed at risk such as Teachers, Police Officers or Social Workers.
  • Mandating compulsory education for children over 5.

There are also safeguards and services in place to protect children from harm in other contexts including from within their home or directly from their family, carers or peers as children have the right to live free of abuse (Human Rights Act).

There is no central directorate or agency responsible for safeguarding children within the UK. Legislation places responsibility for supporting children and their families onto local councils and authorities including the City of London Corporation. This same legislation also places duties upon these organisations to assess children's safety, intervene where necessary or accommodate children who require it.

History

Throughout much of the 19th century there was minimal protection for the safely of children. The rights of parents to raise their children as they wished as well as the ability of adult authority figures to establish obedience in their charges through corporal punishment was given priority. As social reformer Whatley Cooke-Taylor wrote:

I would far rather see even a higher rate of infant mortality prevailing.... than intrude one iota on the sanctity of the domestic hearth

Attitudes were shifting by the 1880s, beginning in 1883, local societies focused on child welfare began to be established across the country which had developed by the end of the decade into the National Society for the Prevention of Cruelty to Children. The Children's Charter which came into law in 1889 gave the state the ability to intervene in the parent-child relationship in order to prevent mistreatment for the first time. The rights of children were again extended five years later.

In 1908, the Children Act 1908 was introduced followed by the Children and Young Person Act 1920 with a bundle of laws to protect young persons and children in the early 20th century. The Children and Young Persons Act 1933 consolidated the laws into a single law.

The Children Act 1933 defined child neglect and abuse as is now currently understood in the context of welfare and well-being. Welfare (health, safety and happiness) is the fare, nourishment, that makes a person well, healthy.

The 1933 Act also made several key changes in relation to children at the time such as, but not limited to:

  • Minimum age of execution was raised from 16 to 18 years.
  • The age of criminal responsibility was raised from 7 to 8 years.
  • Introduction of a minimum working age of 14 years.
  • The minimum age to smoke and to buy tobacco products was set at 16 years.
  • The minimum age for prostitution and to enter a brothel is set at 16 years.
  • The minimum age to give alcohol to a child on a private premises is set at 5 years.

One commentator notes that 'the period before 1948 saw the majority of work with vulnerable children undertaken by 'moral' or family welfare workers. These were mostly voluntary workers based within groups such as the Church of England's Moral Welfare Associations. Their remit also included supporting friendless girls, unmarried mothers and babies, intervening to prevent prostitution, and helping treat and prevent the spread of venereal disease. Boys were not widely perceived as sexually vulnerable, and barely featured in discussions of child assault and prostitution.'

Whilst the Children and Young People Act 1933 established the foundations, they were later consolidated by the Children Act 1989 and following volume of legislation. Internationally, the principles were embodied in the UN Convention on the Rights of the Child.

Early help

"Early Help", or "early intervention", is the term used to describe arrangements and services which respond to the needs of children, young people and their families as soon as problems start to emerge at any point in their lives, or when there is a strong likelihood that problems will emerge in the future. Statutory guidance highlights the importance of offering early intervention services, rather than waiting until a child or family's situation escalates.

Current legislation

Protection from Legislation Regulation
Alcohol Licensing Act 2003
Children and Young Persons Act 1933
  • It is illegal to sell, serve or offer alcoholic drinks to anyone under the age of 18.
  • It is illegal to sell or offer liqueur confectionery to anyone under the age of 16.
  • It is illegal to serve beer, wine or cider on licensed premises to anyone under the age of 16; 16- and 17-year-olds may be served if an adult orders with a meal (not needed in Scotland).
  • It is illegal to give alcohol to children under the age of 5 years on private premises.
Tobacco The Children and Young Persons (Sale of Tobacco etc.) Order 2007
Children and Young Persons Act 1933
(Tobacco and Primary Medical Services (Scotland) Act 2010)
Tobacco Retailers Act (Northern Ireland) 2014
  • It is illegal to sell tobacco products to anyone under the age of 18. (previously 16 before 2007)
  • It is illegal to permit anyone under the age of 18 to smoke in Scotland and Northern Ireland.
  • It is illegal to permit anyone under the age of 16 to smoke in England and Wales.
Gambling Gambling Act 2005
National Lottery Regulations 1994
  • It is illegal to permit anyone under the age of 18 to enter a casino or licensed gambling premises, and to permit them to gamble.
  • It is illegal to sell scratch cards or lottery tickets to anyone under the age of 16.
Child employment Children and Young Persons Act 1933 (England)
Management of Health and Safety at Work Regulations 1999
  • To start part-time work one must be at least 13 years of age.
  • Children can work a maximum 40 hours per week, if they have reached the minimum school leaving age.
  • To work full-time one must be at least 16 years of age.
  • Some hazardous or high risk work requires a person to be 18 or over, (working as a police officer or a firefighter for example) and in some cases 21 and over (working as a driving instructor or large HGV driver for example)
Fireworks Pyrotechnic Articles (Safety) Regulations 2010
Fireworks Regulations 2004
  • It is illegal to sell or possess adult fireworks (category 2 and 3) under the age of 18.
  • It is illegal to sell or possess fireworks (category 1) under the age of 16.
  • It is illegal to sell or possess "Christmas crackers" under the age of 12.
Video games and films Video Recordings Acts of 1984 and 2010
  • It is illegal to sell, rent or permit to see a movie to anyone under the approved age restriction.

Films, as of 2015 the age ratings currently include,

  • U (Universal, recommended for all ages)
  • PG (Parental Guidance, recommended for all ages, although some content may be unsuitable for younger children, typically under the age of 8)
  • 12A (only suitable for persons aged 12 or over, although a person under 12 may view a 12A in a cinema if accompanied by a person 18 or over. This is a special rating only used in cinema's and does not include films bought from a shop for example)
  • 12 (only suitable for persons aged 12 or over)
  • 15 (only suitable for persons aged 15 or over)
  • 18 (only suitable for persons aged 18 or over)
  • R18 (only suitable for person aged 18 or over. This is a special rating used only for the sale and viewing of pornography in licensed sex shops).
  • It is illegal to sell or rent films to anyone under the approved age restriction.

(The U and PG ratings are unrestricted)

Video games, as of 2015 the age ratings currently include,

  • PEGI 3 (only suitable for persons aged 3 or over)
  • PEGI 7 (only suitable for persons aged 7 or over)
  • PEGI 12 (only suitable for persons aged 12 or over)
  • PEGI 16 (only suitable for persons aged 16 or over)
  • PEGI 18 (only suitable for persons aged 18 or over)
  • It is illegal to sell or rent video games to anyone under the approved age restriction.

(PEGI 3 and PEGI 7 are unrestricted)

Aerosol spray paint Anti-social Behaviour Act 2003 It is illegal to sell aerosol spray paint to anyone under the age of 16.
Cruelty to persons under sixteen Children and Young Persons Act 1933 It is illegal to anyone 16 or over who has responsibility for any child or young person under that age to: willfully assaults, ill-treats, neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement).
Causing or allowing persons under sixteen to be used for begging Children and Young Persons Act 1933 It is illegal to let anyone beg in public places under the age of 16.
Sexual abuse Sexual Offences Act 2003
Sexual Offences (Scotland) Act 2009
The age of sexual consent is 13 in the whole of the UK, England, Scotland, Wales, and Northern Ireland. This also includes all Crown Dependencies and Overseas Territories. However, it is illegal for someone to have sex with anyone under the age of 16, or under the age of 18 for those in a position of trust. A person in a position or trust includes a person such as a teacher, doctor, etc. It is illegal to possess indecent or pornographic still/moving images of a person under 18 (previously under 16 before the sexual offences act 2003 raised the age to 18)

Child welfare

The laws of negligence and contract

As can be seen from the above provisions, which all follow the principles of the Children and Young Peoples Act 1933, child protection is concerned with the child's exposure to, and consumption of, potentially hazardous products of all description.

The act followed Donoghue v Stevenson [1932] UKHL 100 to reflect the new law of negligence and demolition of the privily barrier in the law of contract. The new law recognized that the product manufacturer may be many parties removed from the ultimate product consumer and that the product may contain potentially hazardous but un-examinable content. This may be either through ingredient or packaging. Food intolerances are a simple example. The purchaser will be unaware of potentiality allergic content unless clearly advised by the producer.

The purchaser, or more generally 'procurer' (person who obtains), of product may not be the ultimate consumer. A parent procures for a child who is, potentially, the most vulnerable consumer. Section 1(1) of the Children and Young Peoples Act 1933 makes it a criminal offence of child cruelty for the person responsible for a child to expose him/her "in a manner likely to cause him unnecessary suffering or injury to health" (emphasis supplied). The approach is no different to employment health and safety, but for the consumer rather than the employee.

It is the "manner" of acting that is important: is this activity being carried out safely after an appropriate risk assessment to meet the duty of care in the law of negligence established by Donoghue. The person responsible for a child should know the child's food allergies and check any product content for potential food intolerances before allowing the child to consume the product.

Safeguarding the welfare of the child

Child safeguarding follows directly from these principles. Safeguarding means taking the necessary protective measures for the child's safe consumption of any product, stair-gates, seatbelts, protective footwear, glasses, basic hygiene, etc. The list is both endless and, to the most part, obvious common sense. Failure by the responsible person is an offence of child cruelty on the grounds of failing to protect the child in circumstances consistent with the provision of safe and effective care.

A parent, person with parental responsibility for a child, has an express liability, whoever is responsible for the child at the time (s.17 of the act). Just as in employment health and safety, the powers of parenthood can be delegated but not the duties. Parents should make arrangements for suitable and properly informed others to have responsibility for their children (see also s.2(9)-(11) Children Act 1989).

Proper consent or agreement

For the product to be safely consumed by a child means that the responsible person must fully understand the product's safe use for its intended purpose. Miss-selling in the law of contract, suggesting the product does something it doesn't or selling products to those that do not fully understand what they are getting is potentially hazardous to the child as the ultimate consumer. Health and medical treatment may involve some form of physical contact in which case lack of proper consent is a potential battery, or even assault, of the person. The procurer must be placed in a position to assess any potential risk to the child in the reliable use of the product. (see 1.19 Reference Guide to Consent for Examination and Treatment (DOH 2009)).

Welfare, risk assessment and the calculus of negligence

Just as in all of life, the likely benefits of a procured product come with possible non-beneficial qualities. Procurement is a careful activity attempting to achieve the best value for money. The benefits of the product must be satisfactorily delivered as specified for performance in the law of contract. Just as in food intolerances and consent to examination and treatment, the procurer must be made aware of any potential hazards in their circumstances of a product that performs reliably.

Welfare defines the process by which proper consent or agreement is given when procuring products that will be beneficial and safe in the procurer's particular circumstances. If a child is the ultimate consumer of a procured product then the child's welfare (health, safety and happiness) is the paramount consideration when coming to the decision (see s.1(1) Children Act 1989).

A balance must be struck between the obligations of the producer and the obligations of the procurer for the child's safe consumption of the product. The calculus of negligence is a legal approach, in the spirit of procurement efficiency, that attempts to strike that balance on economic grounds. This is most easily understood in terms of insurance liability. Should a car driver have a duty of care towards unlit cyclists at night or should the cyclist have a duty of care to properly illuminate his bicycle at night? The costs of driving with a duty of care to unlit cyclists is considerably less than the cost of bicycle illumination.

Promoting the welfare of the child and the CAF Assessment

A parent must also procure (obtain) all necessary products, environments, accommodation, goods and services to be provided for the child's safe consumption. Failure to do so is, again, an offence of child cruelty under s.1(2) of the act on the grounds of physical neglect and failing to prevent harm as impairment of health and development in Working Together to Safeguard Children (see, Part 2 B, 24, sentencing guidance, Overarching Principles: Overarching Principles: Assaults on children Assaults on children and Cruelty to a child; and Introduction, Working Together to Safeguard Children (HMG 2015) the governmental child protection guidance).

The procurement process for integrated provision is called a Children and Family Assessment, CAF Assessment, for integrated provision. The outcome is a CAF Action Plan to safeguard and promote the child's welfare with the specified outcomes of the services that best serve the child's needs to be delivered under the terms of proper consent (see 1.35 of Working Together).

In the Family Justice System the CAF Assessment is conducted by the Children and Family Court Advisory and Supervisory Service (CAFCASS) to safeguard and promote the welfare of children involved in family court proceedings. In the Youth Justice System and Special Education Needs the CAF Assessment is conducted by local council parental responsibility units following Schedule 2 of the Special Educational Needs Regulations (Consolidated) 2001.

The best interests of the child

Decision making

Decisions made on all the necessary products: environments, accommodation, goods and services procured to be provided for the child's safe consumption must be in the best interests of the child. A child is a person, not an object of concern who simply lacks the capacity to give consent on their own behalf until Gillick Competent to do so. They must still be involved in the decision-making processes for the products that best serve their needs in accordance with the best interests determination of s.4 Mental Capacity Act 2005. Failure of the responsible person to so is an offence on the grounds of emotional neglect (see, Part 2 B, 24, sentencing guidance, Overarching Principles: Overarching Principles: Assaults on children Assaults on children and Cruelty to a child; and Introduction, Working Together to Safeguard Children (HMG 2015) the governmental child protection guidance).

Way Forward

Government, parents, community workers and family social workers should endevour to fill the gap in relationship between us and our children. There should be attachment that should exist between the parents and their kids, government and the parents, which entails combine effort to raise our children in order to build a sustainable future for everyone.

There should be a review of child protection policies and ensure clear measures on how to reach out to the children in our environment. Having good policies on paper are not enough; there should be implementation of those good policies.

Any policy that is not being monitored, supervised and evaluated will not yield the desired results. Government should put parameters in place on how to ensure that those good policies are implemented and that the desired results are achieved.

The priority of the government should be how to build an environment that creates hope in the children and establish internal and external security for them to grow without fear. Fear of what the future holds, triggers lots of uninformed choices that lead to mistakes and failures. Addressing these pressing needs will go a long way to give the earth the stability it needs for all to live sustainable lives.

The welfare checklist

Working Together to Safeguard Children extends mental capacity to parental capacity for a person with parental responsibility and the best interests consideration under s.1(3)(a)-(f) the, so-called, [welfare checklist of family law Children Act 1989 Children Act 1989]. This is the UK implementation of Article 3 UN Convention on the Rights of the Child Best Interests of the Child.

s.1(3)(a) the wishes and feelings of the child in light of his age and experience; are the child's involvement in the decision-making process (see also s.17(4A) and s.47(4A) Children Act 1989).

s.1(3)(b) the child's physical, emotional and educational needs; are for physical and emotional neglect to be prevented and to receive a proper education (s.36 Children Act 1989) in accordance with his/her aptitudes, abilities and any special needs he may have (s.7 Education Act 1996).

s.1(3)(c) the likely effect of the change of circumstances are the likely outcomes for the child of the products as environment, accommodation, goods and services procured to be provided for him/her.

s.1(3)(d) the age, sex, background, and other relevant characteristics of the child specifies the child's current condition for which the provision is required to address.

s.1(3)(e) harm the child has suffered, or is at risk of suffering; specifies the harm, as ill-treatment or impairment of health and development the child has suffered or the hazards in his/her circumstances from which she is at risk of suffering harm. Just as in employment health and safety, these are the risks of the present care environment.

s.1(3)(f) capability of the parents, or anybody else considered relevant, of meeting the child's needs; is the ability and responsibility of the parents for procuring the necessary products as environments, accommodation, goods and services to promote the child's welfare to be safely provided to him/her in safeguarding his/her welfare.

Decision making and legal disability

There is both a business and social imperative to give all the opportunity for safely and satisfactorily consuming the offerings of producers. Some, may not have the capacity to be capable of giving proper consent or agreement for the products that best serve their needs to use those products safely. In the case of parents, their children's needs to keep their children safe. This is called Legal Disability.

Disability is the difference between capacity and capability. In the case of parents parental capacity of Working Together and parental capability of s.1(3)(f) of the Children Act 1989. Disability is defined as a mental or physical impairment with and adverse effect on normal day-to-day activities. A person without the use of their legs lacks the physical capacity to walk. They are not capable of carrying out the normal day-to-day activity of, say, shopping without some corrective measure such as a mobility scooter (see s.6 Equality Act 2010 and Guidance on Matters to be Taken into Account when Assessing Disability).

Mental capacity is the ability to make decisions in a best interests determination on a particular issue so as to be mentally capable of giving proper consent or agreement. Determining mental capacity requires the information on which the decision to be made to safeguard the person's welfare. A lack of mental capacity to process the information and make decisions is a legal disability leaving the person incapable of instructing a solicitor (s.3 Mental Capacity Act 2006, 26 Explanatory Notes to the Mental Capacity Act (2005); 1.6 Family Law Protocol (Law Society 2010)).

Physical, moral and emotional health, the mental faculties of decision making

Physical and moral health refer to the faculties of the mind used in making decisions. Physical health is the mental capacity to understand the effects of matter and energy on both self and others. That is, to understand how a person may be physically harmed which is called causality in the law of negligence. Moral health is the mental capacity to recognise the persons and environment that may be damaged by the acts and omissions in the law of negligence, the neighbour principle.

Part 1 of the Children and Young Peoples Act 1933 is headed "Prevention of Cruelty to Children and Exposure to Physical and Moral Danger". The offence of child cruelty under s.1(1) includes "...exposure in a manner likely to cause an unnecessary injury to health.". Again, the manner of the exposure endangers the child's physical and moral health as faculties of the mind. It means nothing more than setting a bad example in either behaviour towards others (moral health) or carelessness with potentially dangerous items, e.g. speeding in a motor car.

Emotional health is firstly intellectual health, the capacity to reason based on the understandings of physical and moral health when making decisions so as not harm a neighbour or neighbourhood. It is secondly the competencies to engage in social relationships, personal or business, under the terms of proper consent or agreement following that reasoning and decision making. Thirdly, it is the likely capability of applying those competencies to take opportunities in the cause of growth and well-being and then to perform reliably.

Child development and parental responsibility

The Department of Health Introduction to the Children Act 1989 described new notion of parental responsibility as "the authorities conferred by parental responsibility exist only for raising the child to physical, emotional and moral health". Lord McKay of the Clasfern, the Lord Chancellor when introducing the act to Parliament said "...the overwhelming task of parenthood and the all the rights it brings are for raising the child to be a properly developed adult, both physically and morally.".

The child's physical and moral health are developed as physical development and behavioural (moral) development of physical and moral capacities; the child's emotional health is developed as intellectual development for the capacity to reason based on those understandings when making decisions; social development as the competencies to enter into social relationships, both personal and business; and emotional development of likely capability to take opportunities in the cause of growth and well-being and perform reliably (see s.17(11) Children Act 1989).

"A child is a person not an object of concern"

Lady Elizabeth Butler Sloss made this oft quoted remark in her inquiry into the Cleveland child abuse scandal. As a medical discipline, child welfare under s.1 and s.44 of the Children and Young Peoples Act 1933 is only distinguished from animal welfare under s.9 Animal Welfare Act 2006 by consideration of the child's wishes and feelings when making decisions in her best interests following s.4 Mental Capacity Act 2005 extended to parental capacity by Working Together to Safeguard Children and s.1(3)(a)-(f) of the Children Act 1989.

An animal is a possession whilst a child is a person and this distinction was a central intention of the Children Act 1989. Lord McKay also said when introducing the act, "The days when a child was regarded as a possession of his family, indeed to sue on their loss, are today buried forever". The child is socially and emotionally developed, whilst he lacks capacity, by full involvement in the decision making process in his best interests until he becomes competent as Gillick Competent.

Disability, parental disability and social inclusion

The Department of Work and Pensions disability assessment is a measure of physical and mental capacities under clinical or controlled conditions from occupational health in respect to employment performance. The test for disability is capability as "the mental or physical impairment with an adverse effect on day-to-day activities" as social performance. The assessment of capacity is used in a home based disability assessment under s.47 NHS and Community Care Act 1990.

For a parent, a parental disability is the mental or physical impairment with the adverse effect on the day-to-day activity of giving the child the care it would be reasonable to expect a parent to give a similar child (s.31 Children Act 1989).

Whatever their mental or physical impairments parents should be given the necessary disability support to care for their children to maintain a reasonable standard of health and development. (s.17(10) Children Act 1989).

For those with parental responsibility mental capacity to make decisions in own best interests is extended to parental capacity to make decisions in the best interests of the child by Working Together to Safeguard Children. The s.47 disability assessment is extended by Part III and s.8 Part 1 Schedule 2 Children Act 1989.

Part III Children Act 1989 includes s.17 and the local authority duty to safeguard and promote the welfare of children by the provision of services for the families of children in need. The services include advocacy services for advice and assistance in decision making when exercising the authorities of parental responsibility. This was another clear intention of the act described in the Department of Health Introduction as "the belief that children are best brought up in the family with both parents playing a full part. the local authority duty to provide support for children and families."

The MARAC Process and risk assessment

The s.47 disability assessment is to support mental health care in the community and is conducted with a view to a possible deprivation of liberty for those who lack the capability to care for themselves in the community under Schedule A1 Mental Capacity Act 2005. The decision is made after a Multi Agency Risk Assessment Conference known as MARAC.

In the case a parent who is not capable of meeting the child's needs then the local authority can intervene with a court order under s.31(2) Children Act 1989. To do so they must meet the public law thresholds that the child is suffering, or likely to suffer, significant harm attributable to the care it would be reasonable to expect a parent to give, the same criteria as for parental disability support.

State intervention

It is assumed that the parent has been given the necessary support for any parental disability under the terms of proper consent, that the welfare of the child has been safeguarded and the risk to the child is parental negligence. The test of parental negligence is, following Donoghue later called the Bolam Test, the same test as for professional negligence. If a care order is made the local authority acquires parental responsibility under s.33 of the act as the, so-called, corporate parent.

These thresholds are highly controversial and poorly understood. A number of esoteric legal principles are involved and most easily understood in terms of employment performance and health and safety.

A parent, just like the CEO of a corporate body, must be, and be seen to be a fit and responsible person. If called into question the court will firstly examine the facts. In employment health and safety there are the facts of accidents, the accident record book of harm suffered, and the facts of the employment environment, harm likely to be suffered, say, from a trip hazard.

The facts are found to the civil standard of proof, the balance of probabilities, 'Did the facts of the alleged trip hazard occur?", this is called 'The Trier of Fact'. If so, do these found facts amount to a trip hazard?, this is called the Question of Law. This conforms that the alleged events occurred and were unlawful but that is not enough there is next the issue of culpability or State of Mind. Negligence is a state of mind. This notion comes from the criminal law and the offence of child cruelty under s.1 Children and Young Peoples Act 1933. What was the motivation, carelessness or malice? There is a defence of diminished responsibility, the offence occurred but was not voluntary or reasonably foreseeable by an impaired or incapacitated defendant.

The offence of child cruelty allows a defence of parental incapacity on a wide range of grounds (see sentencing guidance, Overarching Principles: Overarching Principles: Assaults on children Assaults on children and Cruelty to a child).

The employment health and safety approach is again helpful in understanding this complexity. To summarise so far, as a matter of fact found on the balance of probabilities, the child has suffered harm or been exposed to an unsafe environment. The person responsible for the child was in, at least, a negligent state of mind in failing to protect the child to safeguarding or promote his/her welfare. This is all based in the present and the final finding is as a fit and proper person to hold this responsibility into the future. Is there a track record of such irresponsible behaviour?

Preventing child neglect and abuse

The offence of child cruelty can be prosecuted concurrently with any assault on the child. If a child is assaulted, sexually or physically, then both the assailant and the person responsible for keeping the child safe from the assault are culpable for the harm suffered as physical abuse or sexual abuse. This completes the definitions of child neglect and abuse in Annex A of Working Together (see also Preventing child maltreatment: a guide to taking action and generating evidence (WHO 2006)).

The offence of child cruelty is the UK implementation of Article 19(1) UN Convention on the Rights of the Child Protection of Children From Violence. Article 19(2) requires social programmes to for preventing violence to children and these are to be found under s.4 Part 1 Schedule 2 Children Act 1989 and include services to children and families under Part III of the same enactment in meeting the local authority duty to safeguard and promote the welfare of children.

Child protection assessment

A key part of child protection work is assessment.

A particular challenge arises where child protection professionals are assessing families where neglect is occurring. Professionals conducting assessments of families where neglect is taking place are said to sometimes make the following errors:

  • Failure to ask the right types of question, including
    • Whether neglect is occurring?
    • Why neglect is occurring?
    • What the situation is like for the child?
    • Whether improvement in the family are likely to be sustained?
    • What needs to be done to ensure the long-term safety of the child?

Child sexual abuse

From Wikipedia, the free encyclopedia

Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whether by asking or pressuring, or by other means), indecent exposure (of the genitals, female nipples, etc.), child grooming, and child sexual exploitation, such as using a child to produce child pornography.

Child sexual abuse can occur in a variety of settings, including home, school, or work (in places where child labor is common). Child marriage is one of the main forms of child sexual abuse; UNICEF has stated that child marriage "represents perhaps the most prevalent form of sexual abuse and exploitation of girls". The effects of child sexual abuse can include depression, post-traumatic stress disorder, anxiety, complex post-traumatic stress disorder, propensity to further victimization in adulthood, and physical injury to the child, among other problems. Sexual abuse by a family member is a form of incest and can result in more serious and long-term psychological trauma, especially in the case of parental incest.

The global prevalence of child sexual abuse has been estimated at 19.7% for females and 7.9% for males. Most sexual abuse offenders are acquainted with their victims; approximately 30% are relatives of the child, most often brothers, fathers, uncles, or cousins; around 60% are other acquaintances, such as "friends" of the family, babysitters, or neighbors; strangers are the offenders in approximately 10% of child sexual abuse cases. Most child sexual abuse is committed by men; studies on female child molesters show that women commit 14% to 40% of offenses reported against boys and 6% of offenses reported against girls.

The word pedophile is commonly applied indiscriminately to anyone who sexually abuses a child, but child sexual offenders are not pedophiles unless they have a strong sexual interest in prepubescent children. Under the law, child sexual abuse is often used as an umbrella term describing criminal and civil offenses in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification. The American Psychological Association states that "children cannot consent to sexual activity with adults", and condemns any such action by an adult: "An adult who engages in sexual activity with a child is performing a criminal and immoral act which never can be considered normal or socially acceptable behavior."

Effects

Psychological

Child sexual abuse can result in both short-term and long-term harm, including psychopathology in later life. Indicators and effects include depression, anxiety, eating disorders, poor self-esteem, somatization, sleep disturbances, and dissociative and anxiety disorders including post-traumatic stress disorder. While children may exhibit regressive behaviours such as thumb sucking or bedwetting, the strongest indicator of sexual abuse is sexual acting out and inappropriate sexual knowledge and interest.Victims may withdraw from school and social activities and exhibit various learning and behavioural problems including cruelty to animals, attention deficit/hyperactivity disorder (ADHD), conduct disorder, and oppositional defiant disorder (ODD). Teenage pregnancy and risky sexual behaviors may appear in adolescence. Child sexual abuse victims report almost four times as many incidences of self-inflicted harm. Sexual assault among teenagers has been shown to lead to an increase in mental health problems, social exclusion and worse school performance.

A study funded by the US National Institute of Drug Abuse found that "Among more than 1,400 adult females, childhood sexual abuse was associated with increased likelihood of drug dependence, alcohol dependence, and psychiatric disorders. The associations are expressed as odds ratios: for example, women who experienced nongenital sexual abuse in childhood were 2.83 times more likely to develop drug dependence as adults than were women who were not abused."

A well-documented, long-term negative effect is repeated or additional victimization in adolescence and adulthood. A causal relationship has been found between childhood sexual abuse and various adult psychopathologies, including crime and suicide, in addition to alcoholism and drug abuse. Males who were sexually abused as children more frequently appear in the criminal justice system than in a clinical mental health setting. A study comparing middle-aged women who were abused as children with non-abused counterparts found significantly higher health care costs for the former. Intergenerational effects have been noted, with the children of victims of child sexual abuse exhibiting more conduct problems, peer problems, and emotional problems than their peers.

A specific characteristic pattern of symptoms has not been identified, and there are several hypotheses about the causality of these associations.

Studies have found that 51% to 79% of sexually abused children exhibit psychological symptoms. The risk of harm is greater if the abuser is a relative, if the abuse involves intercourse or attempted intercourse, or if threats or force are used. The level of harm may also be affected by various factors such as penetration, duration and frequency of abuse, and use of force. The social stigma of child sexual abuse may compound the psychological harm to children, and adverse outcomes are less likely for abused children who have supportive family environments.

Posttraumatic stress disorder

Child abuse, including sexual abuse, especially chronic abuse starting at early ages, has been found to be related to the development of high levels of dissociative symptoms, which includes amnesia for abuse memories. When severe sexual abuse (penetration, several perpetrators, lasting more than one year) had occurred, dissociative symptoms were even more prominent. Recent research showed that females with high exposure to child sexual abuse (CSA) develop PTSD symptoms that are associated with poor social functioning, which is also supported by prior research studies. The feeling of being "cut-off" from peers and "emotional numbness" are both results of CSA and highly inhibit proper social functioning. Furthermore, PTSD is associated with higher risk of substance abuse as a result of the "self-medication hypothesis" and the "high-risk and susceptibility hypothesis." Prolonged exposure therapy (PE) was found to decrease PTSD and depressive symptoms in female methadone-using CSA survivors.

Besides dissociative identity disorder (DID), posttraumatic stress disorder (PTSD), and complex post-traumatic stress disorder (C-PTSD), child sexual abuse survivors may present borderline personality disorder (BPD) and eating disorders such as bulimia nervosa.

Research factors

Because child sexual abuse often occurs alongside other possibly confounding variables, such as poor family environment and physical abuse, some scholars argue it is important to control for those variables in studies which measure the effects of sexual abuse. In a 1998 review of related literature, Martin and Fleming state "The hypothesis advanced in this paper is that, in most cases, the fundamental damage inflicted by child sexual abuse is due to the child's developing capacities for trust, intimacy, agency and sexuality, and that many of the mental health problems of adult life associated with histories of child sexual abuse are second-order effects." Other studies have found an independent association of child sexual abuse with adverse psychological outcomes.

Kendler et al. (2000) found that most of the relationship between severe forms of child sexual abuse and adult psychopathology in their sample could not be explained by family discord, because the effect size of this association decreased only slightly after they controlled for possible confounding variables. Their examination of a small sample of CSA-discordant twins also supported a causal link between child sexual abuse and adult psychopathology; the CSA-exposed subjects had a consistently higher risk for psychopathologic disorders than their CSA non-exposed twins.

A 1998 meta-analysis by Bruce Rind et al. generated controversy by suggesting that child sexual abuse does not always cause pervasive harm, that girls were more likely to be psychologically harmed than boys, that some college students reported such encounters as positive experiences and that the extent of psychological damage depends on whether or not the child described the encounter as "consensual." The study was criticized for flawed methodology and conclusions. The US Congress condemned the study for its conclusions and for providing material used by pedophile organizations to justify their activities.

Physical

Injury

Depending on the age and size of the child, and the degree of force used, child sexual abuse may cause internal lacerations and bleeding. In severe cases, damage to internal organs may occur, which, in some cases, may cause death.

Infections

Child sexual abuse may cause infections and sexually transmitted diseases. Due to a lack of sufficient vaginal fluid, chances of infections can heighten depending on the age and size of the child. Vaginitis has also been reported.

Neurological damage

Research has shown that traumatic stress, including stress caused by sexual abuse, causes notable changes in brain functioning and development. Various studies have suggested that severe child sexual abuse may have a deleterious effect on brain development. Ito et al. (1998) found "reversed hemispheric asymmetry and greater left hemisphere coherence in abused subjects;" Teicher et al. (1993) found that an increased likelihood of "ictal temporal lobe epilepsy-like symptoms" in abused subjects; Anderson et al. (2002) recorded abnormal transverse relaxation time in the cerebellar vermis of adults sexually abused in childhood; Teicher et al. (1993) found that child sexual abuse was associated with a reduced corpus callosum area; various studies have found an association of reduced volume of the left hippocampus with child sexual abuse; and Ito et al. (1993) found increased electrophysiological abnormalities in sexually abused children.

Some studies indicate that sexual or physical abuse in children can lead to the overexcitation of an undeveloped limbic system. Teicher et al. (1993) used the "Limbic System Checklist-33" to measure ictal temporal lobe epilepsy-like symptoms in 253 adults. Reports of child sexual abuse were associated with a 49% increase to LSCL-33 scores, 11% higher than the associated increase of self-reported physical abuse. Reports of both physical and sexual abuse were associated with a 113% increase. Male and female victims were similarly affected.

Navalta et al. (2006) found that the self-reported math Scholastic Aptitude Test scores of their sample of women with a history of repeated child sexual abuse were significantly lower than the self-reported math SAT scores of their non-abused sample. Because the abused subjects' verbal SAT scores were high, they hypothesized that the low math SAT scores could "stem from a defect in hemispheric integration." They also found a strong association between short-term memory impairments for all categories tested (verbal, visual, and global) and the duration of the abuse.

Incest

Incest between a child or adolescent and a related adult is known as child incestuous abuse, and has been identified as the most widespread form of child sexual abuse with a highly significant capacity to damage the young person. One researcher stated that more than 70% of abusers are immediate family members or someone very close to the family. Another researcher stated that about 30% of all perpetrators of sexual abuse are related to their victim, 60% of the perpetrators are family acquaintances, like a neighbor, babysitter or friend and 10% of the perpetrators in child sexual abuse cases are strangers. A child sexual abuse offense where the perpetrator is related to the child, either by blood or marriage, is a form of incest described as intrafamilial child sexual abuse.

The most-often reported form of incest is father–daughter and stepfather–stepdaughter incest, with most of the remaining reports consisting of mother/stepmother–daughter/son incest. Father–son incest is reported less often; however, it is not known if the actual prevalence is less or it is under-reported by a greater margin. Similarly, some argue that sibling incest may be as common, or more common, than other types of incest: Goldman and Goldman reported that 57% of incest involved siblings; Finkelhor reported that over 90% of nuclear family incest involved siblings; while Cawson et al. show that sibling incest was reported twice as often as incest perpetrated by fathers/stepfathers.

Prevalence of parental child sexual abuse is difficult to assess due to secrecy and privacy; some estimates state that 20 million Americans have been victimized by parental incest as children.

Types

Child sexual abuse includes a variety of sexual offenses, including:

  • sexual assault – a term defining offenses in which an adult uses a minor for the purpose of sexual gratification; for example, rape (including sodomy), and sexual penetration with an object. Most U.S. states include, in their definitions of sexual assault, any penetrative contact of a minor's body, however slight, if the contact is performed for the purpose of sexual gratification.
  • sexual exploitation – a term defining offenses in which an adult victimizes a minor for advancement, sexual gratification, or profit; for example, prostituting a child, live streaming sexual abuse, and creating or trafficking in child pornography.
  • sexual grooming – a term defining the social conduct of a potential child sex offender who seeks to make a minor more accepting of their advances, for example in an online chat room.

Commercial sexual exploitation

Commercial sexual exploitation of children (CSEC) is defined by the Declaration of the First World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in 1996, as "sexual abuse by an adult accompanied by remuneration in cash or in kind to the child or third person(s)." CSEC usually takes the form of child prostitution or child pornography, and is often facilitated by child sex tourism. CSEC is particularly a problem in developing countries of Asia. In recent years, new innovations in technology have facilitated the trade of Internet child pornography.

In the United Kingdom, the term child sexual exploitation covers any form of sexual abuse which includes an exchange of a resource for sexual activity with a child. Prior to 2009, the term commonly used to describe child sexual exploitation was child prostitution. The term child sexual exploitation first appeared in government guidance in 2009 as part of an attempt to promote an understanding that children involved in exploitation were victims of abuse rather than criminals. Because early definitions of child sexual exploitation were created to foster a move away from use of the term child prostitution, the concept of exchange, which made child sexual exploitation different from child sexual abuse, referred to financial gain only. However, in the years since the birth of the concept of child sexual exploitation, the notion of exchange has been widened to include other types of gain, including love, acquisition of status and protection from harm.

Disclosure

Children who received supportive responses following disclosure had less traumatic symptoms and were abused for a shorter period of time than children who did not receive support. In general, studies have found that children need support and stress-reducing resources after disclosure of sexual abuse. Negative social reactions to disclosure have been found to be harmful to the survivor's well-being. One study reported that children who received a bad reaction from the first person they told, especially if the person was a close family member, had worse scores as adults on general trauma symptoms, post traumatic stress disorder symptoms, and dissociation. Another study found that in most cases when children did disclose abuse, the person they talked to did not respond effectively, blamed or rejected the child, and took little or no action to stop the abuse. Non-validating and otherwise non-supportive responses to disclosure by the child's primary attachment figure may indicate a relational disturbance predating the sexual abuse that may have been a risk factor for the abuse, and which can remain a risk factor for its psychological consequences.

The American Academy of Child and Adolescent Psychiatry provides guidelines for what to say to the victim and what to do following the disclosure. Asa Don Brown has indicated: "A minimization of the trauma and its effects is commonly injected into the picture by parental caregivers to shelter and calm the child. It has been commonly assumed that focusing on children's issues too long will negatively impact their recovery. Therefore, the parental caregiver teaches the child to mask his or her issues."

In many jurisdictions, abuse that is suspected, not necessarily proven, requires reporting to child protection agencies, such as the Child Protection Services in the United States. Recommendations for healthcare workers, such as primary care providers and nurses, who are often suited to encounter suspected abuse are advised to firstly determine the child's immediate need for safety. A private environment away from suspected abusers is desired for interviewing and examining. Leading statements that can distort the story are avoided. As disclosing abuse can be distressing and sometimes even shameful, reassuring the child that he or she has done the right thing by telling and that they are not bad and that the abuse was not their fault helps in disclosing more information. Anatomically correct dolls are sometimes used to help explain what happened, although some researchers consider the dolls too explicit and overstimulating, which might contribute to non-abused children behaving with the dolls in one or more ways that suggest they were sexually abused. For the suspected abusers, it is also recommended to use a nonjudgmental, nonthreatening attitude towards them and to withhold expressing shock, in order to help disclose information.

Treatment

The initial approach to treating a person who has been a victim of sexual abuse is dependent upon several important factors:

  • Age at the time of presentation
  • Circumstances of presentation for treatment
  • Co-morbid conditions

The goal of treatment is not only to treat current mental health issues, and trauma related symptoms, but also to prevent future ones.

Children and adolescents

Children often present for treatment in one of several circumstances, including criminal investigations, custody battles, problematic behaviors, and referrals from child welfare agencies.

The three major modalities for therapy with children and adolescents are family therapy, group therapy, and individual therapy. Which course is used depends on a variety of factors that must be assessed on a case-by-case basis. For instance, treatment of young children generally requires strong parental involvement and can benefit from family therapy. Adolescents tend to be more independent; they can benefit from individual or group therapy. The modality also shifts during the course of treatment; for example, group therapy is rarely used in the initial stages, as the subject matter is very personal and/or embarrassing. In a 2012 systematic review, cognitive behavior therapy showed potential in treating the adverse consequences of child sexual abuse.

Major factors that affect both the pathology and response to treatment include the type and severity of the sexual act, its frequency, the age at which it occurred, and the child's family of origin. Roland C. Summit, a medical doctor, defined the different stages the victims of child sexual abuse go through, called child sexual abuse accommodation syndrome. He suggested that children who are victims of sexual abuse display a range of symptoms that include secrecy, helplessness, entrapment, accommodation, delayed and conflicted disclosure and recantation.

Adults

Adults who have been sexually abused as children often present for treatment with a secondary mental health issue, which can include substance abuse, eating disorders, personality disorders, depression, and conflict in romantic or interpersonal relationships.

Generally, the approach is to focus on the present problem, rather than the abuse itself. Treatment is highly varied and depends on the person's specific issues. For instance, a person with a history of sexual abuse and severe depression would be treated for depression. However, there is often an emphasis on cognitive restructuring due to the deep-seated nature of the trauma. Some newer techniques such as eye movement desensitization and reprocessing (EMDR) have been shown to be effective.

Although there is no known cure for pedophilia, there are a number of treatments for pedophiles and child sexual abusers. Some of the treatments focus on attempting to change the sexual preference of pedophiles, while others focus on keeping pedophiles from committing child sexual abuse, or on keeping child sexual abusers from committing child sexual abuse again. Cognitive behavioral therapy (CBT), for example, aims to reduce attitudes, beliefs, and behaviors that may increase the likelihood of sexual offenses against children. Its content varies widely between therapists, but a typical program might involve training in self-control, social competence and empathy, and use cognitive restructuring to change views on sex with children. The most common form of this therapy is relapse prevention, where the patient is taught to identify and respond to potentially risky situations based on principles used for treating addictions.

The evidence for cognitive behavioral therapy is mixed. A 2012 Cochrane Review of randomized trials found that CBT had no effect on risk of reoffending for contact sex offenders. Meta-analyses in 2002 and 2005, which included both randomized and non-randomized studies, concluded that CBT reduced recidivism. There is debate over whether non-randomized studies should be considered informative. More research is needed.

Sexual abuse is associated with many sub-clinical behavioral issues as well, including re-victimization in the teenage years, a bipolar-like switching between sexual compulsion and shut-down, and distorted thinking on the subject of sexual abuse (for instance, that it is common and happens to everyone). When first presenting for treatment, the patient can be fully aware of their abuse as an event, but their appraisal of it is often distorted, such as believing that the event was unremarkable (a form of isolation). Frequently, victims do not make the connection between their abuse and their present pathology.

Prevention

Child sexual abuse prevention programmes were developed in the United States of America during the 1970s. Some programme are delivered to children and can include one-to-one work and group work. Programmes delivered to parents were developed in the 1980s and took the form of one-off meetings, two to three hours long. In the last 15 years, web-based programmes have been developed. School-based education programs were evaluated in 2015 by Cochrane that demonstrated improvements in protective behaviors and knowledge among children. The American CDC lists that improving surveillance systems can help monitor and prevent child abuse. 

Offenders

Demographics

Offenders are more likely to be relatives or acquaintances of their victim than strangers. A 2006–07 Idaho study of 430 cases found that 82% of juvenile sex offenders were known to the victims (acquaintances 46% or relatives 36%).

More offenders are male than female, though the percentage varies between studies. The percentage of incidents of sexual abuse by female perpetrators that come to the attention of the legal system is usually reported to be between 1% and 4%. Studies of sexual misconduct in US schools with female offenders have shown mixed results with rates between 4% to 43% of female offenders. Maletzky (1993) found that, of his sample of 4,402 convicted child sex offenders, 0.4% were female.

According to research conducted in Australia by Kelly Richards on child sexual abuse, 35.1% of female victims were abused by another male relative and 16.4% of male victims were abused by another male relatives. Male relatives were found to be the most relevant predators in the case of both gender.

In U.S. schools, educators who offend range in age from "21 to 75 years old, with an average age of 28".

According to C.E. Dettmeijer-Vermeulen, Dutch national spokeswoman on human traffic and sexual violence against children, in the Netherlands, 3% of the convicted perpetrators are women, 14.58% of the victims are boys and "most victims were abused by a family member, friend or acquaintance." One in six perpetrators is underage.

Typology

Early research in the 1970s and 1980s began to classify offenders based on their motivations and traits. Groth and Birnbaum (1978) categorized child sexual offenders into two groups, "fixated" and "regressed". Fixated were described as having a primary attraction to children, whereas regressed had largely maintained relationships with other adults, and were even married. This study also showed that adult sexual orientation was not related to the sex of the victim targeted, e.g. men who molested boys often had adult relationships with women.

Later work (Holmes and Holmes, 2002) expanded on the types of offenders and their psychological profiles. They are divided as follows:

  • Situational – does not prefer children, but offend under certain conditions.
    • Regressed – Typically has relationships with adults, but a stressor causes them to seek children as a substitute.
    • Morally Indiscriminate – All-around sexual deviant, who may commit other sexual offenses unrelated to children.
    • Naive/Inadequate – Often mentally disabled in some way, finds children less threatening.
  • Preferential – has true sexual interest in children.
    • Mysoped – Sadistic and violent, target strangers more often than acquaintances.
    • Fixated – Little or no activity with own age, described as an "overgrown child".

Causal factors

Causal factors of child sex offenders are not known conclusively. The experience of sexual abuse as a child was previously thought to be a strong risk factor, but research does not show a causal relationship, as the vast majority of sexually abused children do not grow up to be adult offenders, nor do the majority of adult offenders report childhood sexual abuse. The US Government Accountability Office concluded, "the existence of a cycle of sexual abuse was not established." Before 1996, there was greater belief in the theory of a "cycle of violence", because most of the research done was retrospective—abusers were asked if they had experienced past abuse. Even the majority of studies found that most adult sex offenders said they had not been sexually abused during childhood, but studies varied in terms of their estimates of the percentage of such offenders who had been abused, from 0 to 79 percent. More recent prospective longitudinal research—studying children with documented cases of sexual abuse over time to determine what percentage become adult offenders—has demonstrated that the cycle of violence theory is not an adequate explanation for why people molest children.

Offenders may use cognitive distortions to facilitate their offenses, such as minimization of the abuse, victim blaming, and excuses.

Pedophilia

Pedophilia is a condition in which an adult or older adolescent is primarily or exclusively attracted to prepubescent children, whether the attraction is acted upon or not. A person with this paraphilia is called a pedophile.

In law enforcement, the term pedophile is sometimes used to describe those accused or convicted of child sexual abuse under sociolegal definitions of child (including both prepubescent children and adolescents younger than the local age of consent); however, not all child sexual offenders are pedophiles and not all pedophiles engage in sexual abuse of children. For these reasons, researchers recommend against imprecisely describing all child molesters as pedophiles.

The term pedocriminality (De: Pädokriminalität; Fr: pédocriminalité) is a controversial term which originated in the 1980s and has been used by organisations such as UNICEF, UNHRC, the World Health Organization and the Council of Europe to refer to child sexual abuse and sexual violence used against children, child prostitution, child trafficking and the use of child pornography. The term "cyber-pedocriminality" has been used to refer to the activities of viewers of child pornography online.

Recidivism

Although reconviction data suggest that not many sex offenders reoffend, OJP reported that observed recidivism rates of sex offenders are underestimated of actual reoffending. Estimated rates among child sex offenders vary by surveys and it is difficult to estimate accurately. One study found that 42% of offenders re-offended (either a sex crime, violent crime, or both) after they were released. Risk for re-offense was highest in the first 6 years after release, but continued to be significant even 10–31 years later, with 23% offending during this time. A study done in California in 1965 found an 18.2% recidivism rate for offenders targeting the opposite sex and a 34.5% recidivism rate for same-sex offenders after 5 years.

Because recidivism is defined and measured differently from study to study, one can arrive at inaccurate conclusions being made based on comparison of two or more studies that are not conducted with similar methodology.

Other children

When a prepubescent child is sexually abused by one or more other children or adolescent youths, and no adult is directly involved, it is defined as child-on-child sexual abuse. The definition includes any sexual activity between children that occurs without consent, without equality, or due to coercion, whether the offender uses physical force, threats, trickery or emotional manipulation to compel cooperation. When sexual abuse is perpetrated by one sibling upon another, it is known as "intersibling abuse", a form of incest.

Unlike research on adult offenders, a strong causal relationship has been established between child and adolescent offenders and these offenders' own prior victimization, by either adults or other children.

Teachers

According to a 2010 UNICEF report, 46% of Congolese schoolgirls confirmed that they had been victims of sexual harassment, abuse, and violence committed by their teachers or other school personnel. In Mozambique, a study by the Ministry of Education found that 70 percent of female respondents reported knowing teachers who use sexual intercourse as a necessary condition to advance students to the next grade. A survey by Promundo found that 16% of girls in North Kivu said they had been forced to have sex with their teachers. According to UNICEF, teachers in Mali are known to use "La menace du bic rouge" ("the threat of the red pen"), using the threat of bad grades to coerce girls into acquiescing to sexual advances. According to Plan International, 16% of children in Togo, for instance, named a teacher as responsible for the pregnancy of a classmate.

Prevalence

Global

Based on self-disclosure data, a 2011 meta-analysis of 217 studies estimated a global prevalence of 12.7%–18% for girls and 7.6% for boys. The rates of self-disclosed abuse for specific continents were as follows:

Region Girls Boys
Africa 20.2% 19.3%
Asia 11.3% 4.1%
Australia 21.5% 7.5%
Europe 13.5% 5.6%
South America 13.4% 13.8%
US/Canada 20.1% 8%

A 2009 meta-analysis of 65 studies from 22 countries found a global prevalence of 19.7% for females and 7.9% for males. In that analysis, Africa had the highest prevalence rate of child sexual abuse (34.4%), primarily because of high rates in South Africa; Europe showed the lowest prevalence rate (9.2%); and America and Asia had prevalence rates between 10.1% and 23.9%.

Africa

A ten-country school-based study in southern Africa in 2007 found 19.6% of female students and 21.1% of male students aged 11–16 years reported they had experienced forced or coerced sex. Rates among 16-year-olds were 28.8% in females and 25.4% in males. Comparing the same schools in eight countries between 2003 and 2007, age-standardised on the 2007 Botswana male sample, there was no significant decrease between 2003 and 2007 among females in any country and inconsistent changes among males.

The prevalence of child sexual abuse in Africa is compounded by the virgin cleansing myth that sexual intercourse with a virgin will cure a man of HIV or AIDS. The myth is prevalent in South Africa, Zimbabwe, Zambia and Nigeria and is being blamed for the high rate of sexual abuse against young children.

In November 2007, Thomson Reuters Foundation reported that child rape is on the rise in the war-ravaged eastern Democratic Republic of the Congo. Aid workers blame combatants on all sides, who operate with much impunity, for a culture of sexual violence. South Africa has some of the highest incidences of child rape (including the rape of babies) in the world (also see sexual violence in South Africa). A survey by CIET found around 11% of boys and 4% of girls admitted to forcing someone else to have sex with them. In a related survey conducted among 1,500 schoolchildren, a quarter of all the boys interviewed said that "jackrolling", a term for gang rape, was fun. More than 67,000 cases of rape and sexual assaults against children were reported in 2000 in South Africa, compared to 37,500 in 1998. Child welfare groups believe that the number of unreported incidents could be up to 10 times that number. The largest increase in attacks was against children under seven. The virgin cleansing myth is especially common in South Africa, which has the highest number of HIV-positive citizens in the world. Eastern Cape social worker Edith Kriel notes that "child abusers are often relatives of their victims – even their fathers and providers."

A number of high-profile baby rapes appeared since 2001 (including the fact that they required extensive reconstructive surgery to rebuild urinary, genital, abdominal, or tracheal systems). In 2001, a 9-month-old was raped and likely lost consciousness as the pain was too much to bear. In February 2002, an 8-month-old infant was reportedly gang-raped by four men. One has been charged. The infant has required extensive reconstructive surgery. The 8-month-old infant's injuries were so extensive, increased attention on prosecution has occurred.

Asia

In Afghanistan, some boys are forced to participate in sexual activities with men. They are also termed 'dancing boys'. The custom is connected to sexual slavery and child prostitution.

In Bangladesh, child prostitutes are known to take the drug Oradexon, an over-the-counter steroid, usually used by farmers to fatten cattle, to make child prostitutes look larger and older. Charities say that 90% of prostitutes in the country's legalized brothels use the drug. According to social activists, the steroid can cause diabetes and high blood pressure and is highly addictive.

In 2007, the Ministry of Women and Child Development published the "Study on Child Abuse: India 2007." It sampled 12447 children, 2324 young adults and 2449 stakeholders across 13 states. It looked at different forms of child abuse: physical abuse, sexual abuse and emotional abuse and girl child neglect in five evidence groups, namely, children in a family environment, children in school, children at work, children on the street and children in institutions. The study's main findings included: 53.22% of children reported having faced sexual abuse. Among them, 52.94% were boys and 47.06% girls. Andhra Pradesh, Assam, Bihar and Delhi reported the highest percentage of sexual abuse among both boys and girls, as well as the highest incidence of sexual assaults. 21.90% of child respondents faced severe forms of sexual abuse, 5.69% had been sexually assaulted and 50.76% reported other forms of sexual abuse. Children on the street, at work and in institutional care reported the highest incidence of sexual assault. The study also reported that 50% of abusers are known to the child or are in a position of trust and responsibility and most children had not reported the matter to anyone. Despite years of lack of any specific child sexual abuse laws in India, which treated them separately from adults in case of sexual offense, the 'Protection of Children Against Sexual Offences Bill, 2011' was passed the Indian parliament on May 22, 2012, which came into force from 14 November 2012.

In Pakistan, sexual abuse of children is a problem in some madrassas. Child sexual abuse has also been reported in Madrassas across Bangladesh and India.

The Kasur child sexual abuse scandal, which involved forced sex acts and an estimated 280 to 300 children, was termed the largest child abuse scandal in Pakistan's history.

In 2019, Pakistan's Human Rights Minister, Shirin Mazari has said that Pakistan was ranked as the country with the largest numbers of child pornography viewers. Geo Pakistan, the Federal Investigation Agency, cyber-crime chief has said, "Child pornography is a business . . with those involved in the crime linked to international child pornography rings."

In Taiwan, a survey of adolescents reported 2.5% as having experienced childhood sexual abuse.

In Uzbekistan, the UK Ambassador Craig Murray wrote that the government, under president Islam Karimov, used child rape to force false confessions from prisoners.

Pacific

According to UNICEF, nearly half of reported rape victims in Papua New Guinea are under 15 years of age and 13% are under 7 years of age while a report by ChildFund Australia citing former Parliamentarian Dame Carol Kidu stated 50% of those seeking medical help after rape are under 16, 25% are under 10 and 10% are under 8.

Additionally, a study found that men with a history of victimization, especially having been raped or otherwise sexually coerced themselves, were more likely than otherwise to have participated in both single-perpetrator and multiple-perpetrator non-partner rape. 57·5% (587/1022) of men who raped a non-partner committed their first rape as teenagers.

United States and Europe

Child sexual abuse occurs frequently in Western society, although the rate of prevalence can be difficult to determine. Research in North America has concluded that approximately 15% to 25% of women and 5% to 15% of men were sexually abused when they were children. In the UK, a 2010 study estimated prevalence at about 5% for boys and 18% for girls (not dissimilar to a 1985 study that estimated about 8% for boys and 12% for girls). More than 23,000 incidents were recorded by the UK police between 2009 and 2010. Girls were six times more likely to be assaulted than boys with 86% of attacks taking place against them. Barnardo's charity estimates that two thirds of victims in the United Kingdom are girls and one third are boys. Barnardo's is concerned that boy victims may be overlooked. A firm of solicitors that acts in many cases of child abuse has published a list of over twenty Children's Homes and group actions that they have an interest in or for which they are lead solicitors.

The estimates for the United States vary widely. A literature review of 23 studies found rates of 3% to 37% for males and 8% to 71% for females, which produced an average of 17% for boys and 28% for girls, while a statistical analysis based on 16 cross-sectional studies estimated the rate to be 7.2% for males and 14.5% for females. The US Department of Health and Human Services reported 83,600 substantiated reports of sexually abused children in 2005, while state-level child protective services reported 63,527 sexual abuse incidents in 2010. Including incidents which were not reported would make the total number even larger. According to Emily M. Douglas and David Finkelhor, "Several national studies have found that black and white children experienced near-equal levels of sexual abuse. Other studies, however, have found that both blacks and Latinos have an increased risk for sexual victimization".

Surveys have shown that one fifth to one third of all women reported some sort of childhood sexual experience with a male adult. A 1992 survey studying father-daughter incest in Finland reported that of the 9,000 15-year-old high school girls who filled out the questionnaires, of the girls living with their biological fathers, 0.2% reported father-daughter incest experiences; of the girls living with a stepfather, 3.7% reported sexual experiences with him. The reported counts included only father-daughter incest and did not include prevalence of other forms of child sexual abuse. The survey summary stated, "the feelings of the girls about their incestual experiences are overwhelmingly negative." Others argue that prevalence rates are much higher, and that many cases of child abuse are never reported. One study found that professionals failed to report approximately 40% of the child sexual abuse cases they encountered. A study by Lawson & Chaffin indicated that many children who were sexually abused were "identified solely by a physical complaint that was later diagnosed as a venereal disease ... Only 43% of the children who were diagnosed with venereal disease made a verbal disclosure of sexual abuse during the initial interview." It has been found in the epidemiological literature on CSA that there is no identifiable demographic or family characteristic of a child that can be used to bar the prospect that a child has been sexually abused.

Child marriage is often considered to be another form of child sexual abuse. Over 200,000 marriages involving minors were allowed between 2000 and 2015 in the US. These marriages were most often between an adult male and female minor. Child marriage in the United States is allowed in the majority of states as long as parental consent or judicial approval (typically for pregnancy) is given.

In US schools, according to the United States Department of Education, "nearly 9.6% of students are targets of educator sexual misconduct sometime during their school career." In studies of student sex abuse by male and female educators, male students were reported as targets in ranges from 23% to 44%. In U.S. school settings same-sex (female and male) sexual misconduct against students by educators "ranges from 18 to 28% of reported cases, depending on the study."

Significant underreporting of sexual abuse of boys by both women and men is believed to occur due to sex stereotyping, social denial, the minimization of male victimization, and the relative lack of research on sexual abuse of boys. Sexual victimization of boys by their mothers or other female relatives is especially rarely researched or reported. Sexual abuse of girls by their mothers, and other related and/or unrelated adult females is beginning to be researched and reported despite the highly taboo nature of female–female child sex abuse. In studies where students are asked about sex offenses, they report higher levels of female sex offenders than found in adult reports. This underreporting has been attributed to cultural denial of female-perpetrated child sex abuse, because "males have been socialized to believe they should be flattered or appreciative of sexual interest from a female." Journalist Cathy Young writes that under-reporting is contributed to by the difficulty of people, including jurors, in seeing a male as a "true victim".

In the United Kingdom, reported child sex abuse has increased, but this may be due to greater willingness to report. Police need more resources to deal with it. Also parents and schools need to give children and adolescents regular advice about how to spot abuse and about the need to report abuse. Software providers are urged to do more to police their environment and make it safe for children.

International law

Child sexual abuse is outlawed nearly everywhere in the world, generally with severe criminal penalties, including in some jurisdictions, life imprisonment or capital punishment. An adult's sexual intercourse with someone below the legal age of consent is defined as statutory rape, based on the principle that a child is not capable of consent and that any apparent consent by a child is not considered to be legal consent.

The United Nations Convention on the Rights of the Child (CRC) is an international treaty that legally obliges states to protect children's rights. Articles 34 and 35 of the CRC require states to protect children from all forms of sexual exploitation and sexual abuse. This includes outlawing the coercion of a child to perform sexual activity, the prostitution of children, and the exploitation of children in creating pornography. States are also required to prevent the abduction, sale, or trafficking of children. As of November 2008, 193 countries are bound by the CRC, including every member of the United Nations except the United States and South Sudan.

The Council of Europe has adopted the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse in order to prohibit child sexual abuse that occurs within home or family.

In the European Union, child sexual abuse is subject to a directive. This directive deals with several forms of sexual abuse of children, especially commercial sexual exploitation of children.

History

Child sexual abuse has gained public attention since the 1970s and has become one of the most high-profile crimes. While sexual use of children by adults has been present throughout history, public interest in prevention has tended to fluctuate. Initially, concern centered around children under the age of ten, but over time, advocates have attracted attention toward the sexual abuse of children between the ages of 11 and 17. Up until the 1930s, the psychological impact of sexual abuse was not emphasized, instead emphasis was placed on the physical harm or the child's reputation. Widespread public awareness of children's sexual abuse did not occur until the 1970s in the West.

Early writings

The first published work dedicated specifically to child sexual abuse appeared in France in 1857: Medical-Legal Studies of Sexual Assault (Etude Médico-Légale sur les Attentats aux Mœurs), by Auguste Ambroise Tardieu, the noted French pathologist and pioneer of forensic medicine.

Public concern

Child sexual abuse became a public issue in the 1970s and 1980s. Prior to this point in time, sexual abuse remained rather secretive and socially unspeakable. Studies on child molestation were nonexistent until the 1920s and the first national estimate of the number of child sexual abuse cases was published in 1948. By 1968 44 out of 50 U.S. states had enacted mandatory laws that required physicians to report cases of suspicious child abuse. Legal action began to become more prevalent in the 1970s with the enactment of the Child Abuse Prevention and Treatment Act in 1974 in conjunction with the creation of the National Center for Child Abuse and Neglect. Since the creation of the Child Abuse and Treatment Act, reported child abuse cases have increased dramatically. Finally, the National Abuse Coalition was created in 1979 to create pressure in congress to create more sexual abuse laws.

Second wave feminism brought greater awareness of child sexual abuse and violence against women, and made them public, political issues. Judith Lewis Herman, Harvard professor of psychiatry, wrote the first book ever on father-daughter incest when she discovered during her medical residency that a large number of the women she was seeing had been victims of father-daughter incest. Herman notes that her approach to her clinical experience grew out of her involvement in the civil rights movement. Her second book Trauma and Recovery coined the term complex post-traumatic stress disorder and included child sexual abuse as a cause.

In 1986, Congress passed the Child Abuse Victims' Rights Act, giving children a civil claim in sexual abuse cases. The number of laws created in the 1980s and 1990s began to create greater prosecution and detection of child sexual abusers. During the 1970s a large transition began in the legislature related to child sexual abuse. Megan's Law which was enacted in 1996 gives the public access to knowledge of sex offenders nationwide.

Anne Hastings described these changes in attitudes towards child sexual abuse as "the beginning of one of history's largest social revolutions."

According to John Jay College of Criminal Justice professor B.J. Cling,

"By the early 21st century, the issue of child sexual abuse has become a legitimate focus of professional attention, while increasingly separated from second wave feminism ... As child sexual abuse becomes absorbed into the larger field of interpersonal trauma studies, child sexual abuse studies and intervention strategies have become degendered and largely unaware of their political origins in modern feminism and other vibrant political movements of the 1970s. One may hope that unlike in the past, this rediscovery of child sexual abuse that began in the 70s will not again be followed by collective amnesia. The institutionalization of child maltreatment interventions in federally funded centers, national and international societies, and a host of research studies (in which the United States continues to lead the world) offers grounds for cautious optimism. Nevertheless, as Judith Herman argues cogently, 'The systematic study of psychological trauma ... depends on the support of a political movement.'"

Media reporting and its quality

Media reporting plays a crucial role in tackling the word-wide problem of child sexual abuse because it puts the issue on the public and political agenda. Media reporting can even contribute to the exposure and criminal investigation of sexual abuse cases in institutions. One notorious example is the Boston Globe coverage of the sex abuse scandal in the Catholic Archdiocese of Boston for which the newspaper received a Pulitzer Prize for Public Service in 2003. Another award-winning example is the Indianapolis Star coverage of the USA Gymnastics sex abuse scandal in 2016. Media reporting can be very beneficial by giving survivors a voice and informing the public.

Media reporting can also violate the rights of abuse survivors and disseminate misleading and harmful messages. Content analyses of news reporting have revealed several quality issues such as a focus on sensationalized individual cases (so-called episodic framing) and neglect of thematic framing in the sense of contextualizing individual cases and pointing to the systematic problems that enable child sexual abuse. When media reporting on child sexual abuse is investigated, usual methodological approaches are the media content analysis and the media quality analysis. Here it is important to not only analyze text but also documentary and stock photos commonly used in media that report about child sexual abuse. Research shows that myths and stereotypes about child sexual abuse are disseminated through text and images alike. Several checklists and guidelines for journalist have been published by violence prevention and journalism organizations to help improve the quality of news reporting on child sexual abuse. Future media content and media quality analyses will show if and how the quality of news reporting on child sexual abuse will be improving over time in different countries and across different media systems.

Civil lawsuits

In the United States growing awareness of child sexual abuse has sparked an increasing number of civil lawsuits for monetary damages stemming from such incidents. Increased awareness of child sexual abuse has encouraged more victims to come forward, whereas in the past victims often kept their abuse secret. Some states have enacted specific laws lengthening the applicable statutes of limitations so as to allow victims of child sexual abuse to file suit sometimes years after they have reached the age of majority. Such lawsuits can be brought where a person or entity, such as a school, church or youth organization, or daycare was charged with supervising the child but failed to do so with child sexual abuse resulting, making the individual or institution liable. In the Catholic sex abuse cases the various Roman Catholic Diocese in the United States have paid out approximately $1 billion settling hundreds of such lawsuits since the early 1990s. There have also been lawsuits involving the American religious right. Crimes have allegedly gone unreported and victims were pressured into silence. As lawsuits can involve demanding procedures there is a concern that children or adults who file suit will be re-victimized by defendants through the legal process, much as rape victims can be re-victimized by the accused in criminal rape trials. The child sexual abuse plaintiff's attorney Thomas A. Cifarelli has written that children involved in the legal system, particularly victims of sexual abuse and molestation, should be afforded certain procedural safeguards to protect them from harassment during the legal process.

In June 2008 in Zambia the issue of teacher-student sexual abuse and sexual assault was brought to the attention of the High Court of Zambia where a landmark case decision, with presiding Judge Philip Musonda, awarded $45million Zambian kwacha (US$13,000) to the plaintiff, a 13-year-old girl for sexual abuse and rape by her school teacher. This claim was brought against her teacher as a "person of authority" who, as Judge Musonda stated, "had a moral superiority (responsibility) over his students" at the time.

A 2000 World Health Organization – Geneva report, "World Report on Violence and Health (Chap 6 – Sexual Violence)" states, "Action in schools is vital for reducing sexual and other forms of violence. In many countries a sexual relation between a teacher and a pupil is not a serious disciplinary offence and policies on sexual harassment in schools either do not exist or are not implemented. In recent years, though, some countries have introduced laws prohibiting sexual relations between teachers and pupils. Such measures are important in helping eradicate sexual harassment in schools. At the same time, a wider range of actions is also needed, including changes to teacher training and recruitment and reforms of curricula, so as to transform gender relations in schools."

Degenerative disc disease

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