NCJ Number
122258
Journal
Prison Journal Volume: 68 Issue: 2 Dated: (Fall-Winter 1988) Pages: 25-35
Date Published
1988
Length
11 pages
Annotation
The recent track record of prosecuting child abuse is disturbing to the authors who feel that reforms in this area must be regarded with considerable suspicion.
Abstract
The sexual abuse of children has become a prominent issue, although no one really knows how common child molestation is. Authorities should therefore take a much more proactive stance in seeking out abuse cases, and laws should be amended to make the courtroom experience less traumatic for victims. Child abuse, however, will not be solved by attacking the rights of the accused. The McMartin case in California indicates the difficulties associated with the extent to which allegations drawn from children were believed, particularly in light of insufficient corroborating evidence. Child abuse in the 1980's, including mass abuse allegations against day care providers, has produced a good deal of legislation and litigation. One legal consequence is a challenge to traditional concepts of professional confidentiality, with some States requiring the disclosure of information about child abuse even if such information is the result of patient-client discussions. Further, child witnesses cannot be regarded as infallibly truthful. Experience suggests that the critical phase in any child abuse trial is pretrial evidence collection, and it is in this phase that legal procedures are urgently needed. The author believes that the existing system for prosecuting child abuse cases provides an ideal means of harassment or revenge against individuals with children or those who associate with children. Any reforms, therefore, should protect the rights of the falsely accused. 55 references.