NCJ Number
57657
Date Published
1977
Length
6 pages
Annotation
THE DIFFICULT QUESTIONS CREATED WHEN SOCIETY DISCUSSES CHILD ABUSE WITHIN THE CONTEXT OF CRIME ARE ADDRESSED, AND LEGAL, MORAL, AND SCIENTIFIC STANDARDS ARE EXAMINED.
Abstract
THE QUESTION OF WHETHER CHILD ABUSE IS A CRIME IS BOUND BY THE PRESUPPOSITIONS OF THE PERSONS QUESTIONED. THE ANSWERS GIVEN BY INDIVIDUALS WILL DEPEND UPON THEIR BASIC IDEOLOGIES. BRITISH LAW (CHILDREN AND YOUNG PERSONS ACT OF 1933) DEFINES CHILD ABUSE AS A CRIME. THE LEGAL SYSTEM OPERATES UNDER THE ASSUMPTION THAT THE MAJORITY OF BRITISH CITIZENS AGREE ABOUT THE VALUES WHICH THIS LAW SEEKS TO PROTECT. IT FURTHER ASSUMES THAT ANY RATIONAL PERSON WHO DECIDES TO COMMIT CHILD ABUSE DOES SO ON THE BASIS OF FREE WILL AFTER WEIGHING THE ADVANTAGES AGAINST THE LEGAL PENALTIES. HOWEVER, THIS LEGAL EMPHASIS ON INDIVIDUAL RESPONSIBILITY HAS BEEN DILUTED BY SCIENTIFIC DETERMINISM. WITHIN THE MEDICAL ESTABLISHMENT ITSELF THERE IS A WIDE RANGE OF RESPONSES TO THE QUESTION. DOCTORS WHO TREAT ONLY PHYSICAL INJURIES RESULTING FROM CHILD ABUSE MIGHT ARGUE THAT THIS QUESTION WAS OUTSIDE THEIR PROFESSIONAL DOMAIN. FORENSIC PSYCHIATRISTS TEND TO WORK WITHIN THE LEGAL SYSTEM BUT ALSO SEEK TO IDENTIFY AND DIAGNOSE THE DISEASE PROCESSES OF THE OFFENDER. SOME PSYCHIATRISTS WOULD ARGUE THAT CHILD ABUSE SHOULD BE TREATED AS AN INFECTIOUS DISEASE. IF THIS IS SO, THEN IT SHOULD BE POSSIBLE TO ISOLATE THE CAUSES OF CHILD ABUSE AND BRING IT UNDER CONTROL. THIS ASSUMPTION IS BEING ATTACKED BY MANY SOCIAL SCIENTISTS. THOSE WHO ADVOCATE THAT REHABILITATION OF CHILD ABUSERS IS A PRIMARY PSYCHIATRIC RESPONSIBILITY MUST DEAL WITH THE PRESSURE TO TIE IN THE PSYCHIATRIC COMMUNITY'S ROLE TO THAT OF THE LEGAL SYSTEM. THE RADICAL SOCIAL VIEW ARGUES THAT MAKING CHILD ABUSE A CRIME IS ANOTHER TOOL DOMINANT SOCIAL GROUPS USE TO IMPOSE THEIR STANDARDS ON POWERLESS GROUPS. DISCUSSION OF WHETHER CHILD ABUSE IS A CRIME MAY LEAD TO THE QUESTION OF WHETHER CHILD ABUSE SHOULD BE A CRIME. REFERENCES ARE PROVIDED. (KCP)