NCJ Number
100483
Date Published
1985
Length
23 pages
Annotation
This article examines the legal definitions of sexual offenses and their relevance to evidentiary issues in New York Family Court child sexual abuse proceedings.
Abstract
The following offenses are covered individually: sexual misconduct; first, second, and third degree rape, sodomy, and sexual abuse; and aggravated sexual assault. The elements to be proven in sexual abuse are a combination of requirements from the Family Court Act and the Penal Law. In all cases, the petitioner must prove that the child is under 18, that the respondent is a parent or legally responsible person, and that the respondent committed or allowed to be committed a sex offense against the child. The Family Court Act appears to rule out attempted offenses, although they are covered under the Penal Law. The Family Court Act is not specific about what offenses must be proven: it, therefore, is conceivable that a petitioner could allege one offense, prove another, and still satisfy requirements for a finding of abuse. Because of the nature of sexual abuse and the possibility of added trauma for the victim, a number of statutory provisions provide for the introduction of evidence not normally admissible (e.g., heresay evidence, confidential communications, uncorroborated child testimony). 61 notes.