NCJ Number
76270
Journal
University of California, Davis, Law Review Volume: 12 Issue: 2 Dated: (Summer 1979) Pages: 673-699
Date Published
1979
Length
27 pages
Annotation
This comment discusses specific shortcomings of the legal system in the investigation, adjudication, and treatment stages of an incest case; it focuses on the problems of father-daughter incest and emphasizes recommendations.
Abstract
Although the true incidence of intra-family child sexual abuse is unknown, experts describe the occurrence of this type of activity as epidemic. Father-daughter incest is the most prevalent form. The trauma of incest is often compounded by the legal system that takes an adversary approach to incest cases. This approach fails to deal adequately or effectively with such cases because the predominant concern of the legal system is the determination of the offending parent's guilt or innocence. The conviction-oriented focus often results in complete neglect of the victim's well being. While an effective system should seek to prevent sexual abuse of the child, it should also attempt to preserve the family unit and safeguard the victim's emotional stability. Several recommendations are proposed to improve the situation. First, police departments should train their officers to interview child victims of intra-family sexual abuse. An effective police interview should harmonize productive questioning with the paramount concern of protecting the victim. Second, the juvenile court should appoint independent legal counsel to represent the interests of the child in all cases where removal from the home is a possible outcome. Third, communities should implement treatment programs oriented toward the incest victim, offender, and family. The comment includes 132 footnotes. (Author abstract modified)