NCJ Number
61194
Date Published
1978
Length
24 pages
Annotation
THE ROLE OF THE PEDIATRICIAN IN TAKING THE HISTORY AND CONDUCTING THE MEDICAL EXAMINATION OF A CHILD SUSPECTED OF HAVING BEEN SEXUALLY ABUSED IS DESCRIBED, AND THE LEGAL ASPECTS OF THE PEDIATRICIAN'S ROLE ARE CONSIDERED.
Abstract
IF SEXUAL PENETRATION OR SEXUAL CONTACT HAS OCCURRED WITH A CHILD UNDER THE AGE OF CONSENT, A CRIME HAS BEEN COMMITTED IN ALL STATES AND THE DISTRICT OF COLUMBIA. WHEN A CHILD IS BROUGHT TO A HEALTH CARE FACILITY WITH A HISTORY OF HAVING BEEN SEXUALLY ABUSED, OR WHEN MEDICAL EXAMINATIONS OF A CHILD REVEALS INDICATORS OF SEXUAL ABUSE, THE PEDIATRICIAN MAY SERVE AN IMPORTANT ROLE IN THE COMMUNITY'S LEGAL SYSTEM. THE PEDIATRICIAN SHOULD BE CAREFUL TO TAKE A PERSONAL HISTORY AND CONDUCT A THOROUGH MEDICAL EXAMINATION THAT WILL PROVIDE ESSENTIAL INFORMATION FOR LEGAL PROCEEDINGS WHICH MAY FOLLOW. IN ADDITION TO TAKING A GENERAL MEDICAL HISTORY, INCLUDING THE CHILD'S PRIOR HISTORY OF SEXUAL ACTIVITY AND VENEREAL DISEASES, THE PHYSICIAN SHOULD TAKE AN EXTENSIVE HISTORY OF THE INCIDENT IF THE POLICE HAVE NOT ALREADY DONE SO. THE MEDICAL EXAMINATION SHOULD INCLUDE THE DETERMINATION OF WHETHER SEXUAL PENETRATION IN ANY FORM HAS OCCURRED OR IF SEXUAL CONTACT IS EVIDENCED. ANY EVIDENCE OF FORCE SHOULD ALSO BE NOTED. ONCE THE PEDIATRICIAN HAS LEARNED OF AN INCIDENT OF SEXUAL ABUSE FROM THE CHILD'S ACCOUNT OR THE PHYSICAL EXAMINATION AND LABORATORY TEST RESULTS, THE INFORMATION OBTAINED SHOULD BE REPORTED TO THE PROPER AUTHORITIES TO PROTECT THE CHILD FROM FURTHER HARM AND PROTECT THE PHYSICIAN FROM POSSIBLE LEGAL ACTION. COURT PROCEDURES AS THEY BEAR UPON THE PEDIATRICIAN'S ROLE, AND THE PEDIATRICIAN AS WITNESS ARE DISCUSSED. A FLOW CHART OF LEGAL PROCESSES IN SEXUAL ABUSE CASES IS PROVIDED, ALONG WITH REFERENCES. (RCB)