Legal Intervention and Reforms in Child Sexual Abuse Cases ses (From Educator's Guide to Preventing Child Sexual Abuse, P 56-66, 1986, Mary Nelson and Kay Clark, eds. - See NCJ-104251)

• NCJ Number: 104256
• Author(s): J Bulkley
• Date Published: 1986
• Length: 11 pages
• Sale Source: Network Publications
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This article compares the advantages and disadvantages of criminal and child protection approaches for dealing with child sexual abuse cases and reviews law reforms for improving legal intervention in child sexual abuse cases.

Abstract

A 1980 survey found that most States have criminal sanctions of varying severity for various types of child sexual abuse. Problems in the criminal prosecution of such cases are the difficulty of meeting the burden of proof because of a typical lack of reliable evidence in such cases and the detrimental impact it may have on the victim and the family. Advantages of the criminal prosecution of these cases are the establishment of the criminal nature of the act, a symbol to children that the state will protect them, and due process rights for the offender. The use of child protection intervention and juvenile court actions have the advantages of immediate protection for the child and a treatment orientation that can rehabilitate the family. Disadvantages are no direct control over the offender, the risk of unwarranted invasion of family privacy, the harms of a child's removal from the home, and lack of due process for the offender. Some reforms for improving legal intervention in child sexual abuse cases are alternatives to a child's testimony in open court and new methods for improving successful legal outcomes, such as evidence reforms, authority for a court to issue protective orders, and reforms relating to judicial proceedings involving the nonabusive parent. 12 notes and 28 references.