NCJ Number
116536
Date Published
1989
Length
23 pages
Annotation
Ethical and legal factors to consider in assessing and treating sexual abuse of children and adolescents are explored.
Abstract
The legal system recognizes a child's vulnerability and basic lack of self-defense mechanisms. The primary objective of recent legislation, as well as prominent case law decisions, is to prevent children who have been abused from being abused again. The trend is definitively toward strengthening laws that define the scope of sexual abuse, and penalties for sexual abuse of children and adolescents have become progressively more severe. Ethical and legal considerations in assessing and treating sexual trauma in children and adolescents figure prominently in clinician recordkeeping, court procedures, the criminal process, suspect identification, and the district attorney's role in filing criminal actions. The rationale and process for both criminal and civil proceedings are described. From both ethical and legal standpoints, the author concludes that, when a family is awarded a judgment or is able to negotiate a favorable settlement, the outcome conveys a message that society recognizes the unacceptability of sexual trauma to children and adolescents. 10 references.