NCJ Number
104931
Date Published
1986
Length
7 pages
Annotation
Many aspects of the justice system are inadequate or problematic in addressing the needs of sexually exploited children.
Abstract
The justice system draws a dichotomy between victims and offenders that may not encompass all the facts in a case nor frame an appropriate response to the circumstances. Young sexual offenders have frequently been sexually abused themselves, with their deviant behavior being a consequence of their sexual victimization. An appropriate response should be measured not only by a suitable punishment for the abusive behavior inflicted by the offender but also by the provision of treatment to mitigate the consequences of the offender's victimization. The justice system is limited in its response to child sexual abuse cases because it focuses on whether or not the defendant has committed a criminal act rather than on the needs of the victim and the defendant. Also, the basic principle of the criminal justice system is weighted against the victim, since most procedures are designed to protect the rights of the defendant. The justice system is more interested in sanctioning the young offender rather than adults who sexually exploit the young offender (witness the prosecution of juvenile prostitutes rather than their clients or pimps). The multiple use of discretionary decisionmaking in the justice system rarely works in the best interests of children, and criminal justice intervention rarely results in the provision of needed services either to the victim or the offender. The State should consider establishing a single agency that will combine mental health, corrections, health, and social services for all sexually exploited children under 18 years old.