NCJ Number
116395
Journal
Northern Kentucky Law Review Volume: 16 Issue: 1 Dated: (1988) Pages: 17-41
Date Published
1988
Length
25 pages
Annotation
Kentucky has taken significant steps to address the problem of child sexual abuse and exploitation and to mitigate the inherent danger that the legal process poses to the psychological well-being of the child; however, more remains to be done.
Abstract
Lack of funding has resulted in a focus on innovations that cost little or nothing to the taxpayer and use local leadership combined with Statewide advocacy, training, and coordination. Efforts include local prevention programs, Statewide advocacy, legislation moderating the demands of the legal process on the child victim and funding local prevention programs, and active litigation upholding and further defining the extent to which the rights of the child victim can be balanced with the rights of the criminal defendant. Needed efforts include legislation making it a legal duty for the parent, custodian, or adult residing with the child to make a reasonable and proper effort to prevent criminal acts where they have knowledge and to make it a criminal offense for a parent to conceal a child to prevent visitation by the other parent. In addition, child victims should not be able to be identified by name or biographical data from court documents, and the records of their victimization should be sealed at the trial's conclusion. The requirement of a determination of competency before the child witness testifies should also be eliminated. Other methods should also be developed to protect Kentucky's children from the perpetrators of child abuse, child sexual abuse, and child exploitation. 125 footnotes.