NCJ Number
130344
Journal
Journal of Psychiatry and Law Volume: 17 Issue: 3 Dated: (Fall 1989) Pages: 477-568
Date Published
1989
Length
92 pages
Annotation
There has been a dramatic increase in recent years in the number of reported child abuse cases, and the belief that child abuse constitutes a major and growing problem is widespread.
Abstract
Criminal law defines a number of offenses with which a child abuser may be charged, depending on the severity of the assault and its consequences. Nonetheless, the imposition of penal sanctions may exacerbate trauma rather than rehabilitate. This has led to a point of view that the doctor should be in charge as long as possible and that the court should assume jurisdiction as late as possible. Many States have broadened their child abuse reporting laws to increase the categories of professionals required to report and to make more types of child maltreatment subject to reporting requirements. The medical profession, however, remains the primary target of reporting statutes. Increased reporting and specialized child protective agencies have saved many children from serious injury or death, but child protection professionals are sometimes so frightened of "letting a child die" that they intervene unnecessarily in private family matters. The system is so overburdened with cases of insubstantial or unproven risk to children that it does not respond forcefully to situations where children are in real danger. The nature and effects of child abuse, including sexual abuse and emotional neglect, are discussed. Court procedures associated with the prosecution of child abuse cases are described with particular attention paid to child witnesses and difficulties in obtaining evidence. 217 notes and 5 illustrations