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In papers by Paul Okami and Amy Goldberg (1992), and Kevin Howells (1981), the authors stated that most data they had reviewed suggests that pedophiles make up a minority of incarcerated child sex offenders.<ref>Okami, P. & Goldberg, A. (1992). "Personality correlates of pedophilia: Are they reliable indicators?," ''Journal of Sex Research'', 29, 297-328. "This is a particularly important point because most data suggest that only a relatively small portion of the population of incarcerated sexual offenders against minors consists of persons for whom minors (particularly children) represent the exclusive or even primary object of sexual interest or source of arousal (Freund, Watson, & Dickey, 1991; Gebhard et al., 1965; Howells, 1981; Lang et al., 1988; Langevin, 1983; Mc Cormack & Selvaggio, 1989; Marshall, Barbaree, & Butt, 1988; Marshall & Eccles, 1991; Mohr et al., 1964; Quinsey, Chaplin, & Carrigan, 1979; Righton, 1981; Rowan, 1988; Schofield, 1965; Swanson, 1968)."</ref><ref>Howells, K. (1981). "Adult sexual interest in children: Considerations relevant to theories of aetiology," in Cook, M. & Howells, K. (eds.), ''Adult sexual interest in children'', 55-94.</ref> According to the Mayo Clinic, pedophilic child molestors commit ten times more sexual acts against children than non-pedophilic child molestors. | In papers by Paul Okami and Amy Goldberg (1992), and Kevin Howells (1981), the authors stated that most data they had reviewed suggests that pedophiles make up a minority of incarcerated child sex offenders.<ref>Okami, P. & Goldberg, A. (1992). "Personality correlates of pedophilia: Are they reliable indicators?," ''Journal of Sex Research'', 29, 297-328. "This is a particularly important point because most data suggest that only a relatively small portion of the population of incarcerated sexual offenders against minors consists of persons for whom minors (particularly children) represent the exclusive or even primary object of sexual interest or source of arousal (Freund, Watson, & Dickey, 1991; Gebhard et al., 1965; Howells, 1981; Lang et al., 1988; Langevin, 1983; Mc Cormack & Selvaggio, 1989; Marshall, Barbaree, & Butt, 1988; Marshall & Eccles, 1991; Mohr et al., 1964; Quinsey, Chaplin, & Carrigan, 1979; Righton, 1981; Rowan, 1988; Schofield, 1965; Swanson, 1968)."</ref><ref>Howells, K. (1981). "Adult sexual interest in children: Considerations relevant to theories of aetiology," in Cook, M. & Howells, K. (eds.), ''Adult sexual interest in children'', 55-94.</ref> According to the Mayo Clinic, pedophilic child molestors commit ten times more sexual acts against children than non-pedophilic child molestors. | ||
⚫ | ==International law== | ||
Child sexual abuse is widely outlawed, generally with severe criminal penalties, including in some jurisdictions, ] or ]. An adult's sexual intercourse with a child below the legal ] is defined as ], based on the principle that a child is not capable of consent and that any apparent consent by a child is not considered to be ] | |||
==Age of consent== | |||
{{Main|Age of consent}} | |||
<!-- ] laws worldwide]] --> | |||
] | |||
Sexual relations between adults and ]ren are widely outlawed, although the ''definition'' of ] varies greatly between different cultures and jurisdictions. Adults violating these laws are generally subject to severe criminal penalties, in some cases ] or ]. <!-- Other than ], touching ]s such as genitalia, breasts, buttocks etc. or asking child to do so is considered as an offense. Showing private parts, or showing sexually explicit videos include in this. --> | |||
The popular consensus in defining the appropriate ] has moved upwards in modern times, coincident with changes in scientific and moral views of human sexuality and the psychological and social nature of childhood. In ], the legal age of consent was 10 for three centuries, until the end of the 19th century.<ref></ref> By the turn of the 20th century, 14 to 18 had become the norm in many places, particularly Western and Western-influenced countries.<ref name="waites">{{cite book| last=Waites| first=Matthew| title=The Age of Consent: Young People, Sexuality and Citizenship| publisher=Palgrave Macmillan| year=2005| id=ISBN 1-4039-2173-3}}</ref> In the 21st century, sexual relationships between adults and minors aged 16 to 18 are now considered legal in most countries, but legal variations exist allowing for ages of consent as young as 12 or as old as 21.<ref>http://www.avert.org/aofconsent.htm Wordwide age of consent laws</ref> | |||
While ] without consent is considered ], adult's intercourse with a child below the legal ], either with or without consent, is punishable under ] with varying severity. In case of ], consent by the child is not considered as ]. | |||
⚫ | ==International law== | ||
One hundred forty ] are signatories to the ]. This international ] defines a set of protections which signatories agree to provide for the children of their respective countries.<ref></ref> | One hundred forty ] are signatories to the ]. This international ] defines a set of protections which signatories agree to provide for the children of their respective countries.<ref></ref> | ||
Articles 34 and 35 require that signatories protect their nations’ children from all forms of sexual exploitation and sexual abuse. This includes outlawing the coercion of a child to perform sexual activity, the prostitution of children, and the exploitation of children in creating pornography. Signatories also agree to prevent abduction, sale, or trafficking of children.<ref></ref> | Articles 34 and 35 require that signatories protect their nations’ children from all forms of sexual exploitation and sexual abuse. This includes outlawing the coercion of a child to perform sexual activity, the prostitution of children, and the exploitation of children in creating pornography. Signatories also agree to prevent abduction, sale, or trafficking of children.<ref></ref> |
Revision as of 17:41, 18 April 2008
Child sexual abuse refers to sexual abuse of a child by an adult or some other person significantly older or in a position of power or control over the child, where the child is used for sexual stimulation of another person. Studies of the effects of child sexual abuse often define it as including invitations or requests in addition to actual actions, with regard to any sexual interactions between an adult and a child, from kissing or hugging to completed intercourse, and all other related activities.
Effects of child sexual abuse include both short and long term emotional and psychological harm, including depression, post-traumatic stress disorder, anxiety, propensity to re-victimization in adulthood, and can include physical injury to the child and as well as other symptoms. When sexual abuse is perpetrated by a family member it is a form of incest and has been shown to be an extreme form of trauma for the child that often does serious and long-term psychological damage, especially in the case of parental incest.
Under the law, "child sexual abuse" is an umbrella term describing criminal and civil offenses in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification. The American Psychiatric Association states that "children cannot consent to sexual activity with adults", and strongly condemns any such action: "An adult who engages in sexual activity with a child is performing a criminal and immoral act which never can be considered normal or socially acceptable behavior."
Professor of Sociology David Finkelhor, director of the Crimes against Children Research Center, describes "child sexual abuse" as requiring two components, "(1) sexual activities involving a child and (2) an 'abusive condition' such as coercion or a large age gap between the participants indicating a lack of consensuality." Finkelhor wrote that in the USA as of 1994, approximately 20% of women and 5% to 15% of men had experienced some form of sexual abuse as children; and that he did not find evidence of dramatic increases in recent generations, or that socioeconomic circumstances are major risk factors.
When an adult seeks or engages in sexual activity with a child, public sentiment usually concludes these actions as a manifestation of pedophilia, however, some child sexual abuse is perpetrated by individuals who do not meet the criteria for the formal definition of that term.
Effects
Physical
Depending on the age and size of the child, and the degree of force used, child sexual abuse may cause infections, sexually transmitted diseases, or internal lacerations. In severe cases, damage to internal organs may occur, which, in some cases, may cause death. Herman-Giddens et.al. found six certain and six probable cases of death due to child sexual abuse in North Carolina between 1985-1994. The victims ranged in age from 2 months to 10 years. Causes of death included trauma to the genitalia or rectum and sexual mutilation. Vaginitis has also been reported.
Psychological and developmental
Psychological damage may occur even when physical effects are absent. Long term negative effects on development, leading to re-victimization in adulthood, can also occur. Child sexual abuse has been identified as a predictor of future psychopathology, though it has no characteristic pattern of symptoms.Brown states that the data from prospective studies establishes a causal relationship between childhood sexual abuse and certain specific areas of adult psychopathology, including suicidality, antisocial behavior, PTSD, anxiety and alcoholism.
Kendall-Tackett et al. (1993) and other studies found that a wide range of psychological, emotional, physical, and social effects are associated with child sexual abuse, including depression, post-traumatic stress disorder, anxiety, poor self-esteem, dissociative and anxiety disorders, and other more general dysfunctions such as neurosis, sexualized behavior, school/learning problems, and behavior problems including substance abuse, repeated victimization, destructive behavior, criminality in adulthood and suicide. A review of studies by Kendell-Tackett et al. found that two-thirds of the children who were sexually abused showed symptoms, and that "sexually abused children have more symptoms than non-abused children".A study by Baker and Duncan stated that “subjective reports of the effects of sexual abuse indicated that the majority (51%) felt harmed by the experience, while only 4% reported that it had improved the quality of their life.” CSA does not appear to be connected to a higher risk of major depressive disorder, though adults with a history of CSA report considerably more depressive symptoms than non-abused peers.
Caffaro-Rouget et al. (1989) found that 51% of their sample was symptomatic; in Mannarino and Cohen (1986), 69% of forty-five assessed children were symptomatic; 64% of Tong, Oates, and McDowell's (1987) forty-nine child sample were not within the normal range on the child behavior checklist; and in Conte and Schuerman (1987), whose assessment included both very specific and broad items such as 'fearful of abuse stimuli' and 'emotional upset,' 79% of the sample was symptomatic. A minority of abused children have been found to be healthy and asymptomatic, and the level of harm associated with the abuse may correlate with other factors. Prescott and Kendler (2001) found that the risk of psychopathology increased if the perpetrator was a relative, if the abuse involved intercourse or attempted intercourse, or if threats or force were used. The age at which an individual was first abused did not appear to be related. Other studies have found that the risk of adverse outcomes is reduced for abused children who have supportive family environments.. In addition, Whiffen and MacIntosh (2005) found that negative psychological outcomes (emotional distress) may be mediated by shame or self-blame, interpersonal difficulties and avoidant coping strategies for survivors of childhood sexual abuse.
Because child sexual abuse often occurs alongside other possibly confounding variables, such as poor family environment and physical abuse, some scholars argue it is important to control for those variables in studies which measure the effects of sexual abuse. and some have hypothesized "that abuse effects are at least in part the results of dysfunctional family dynamics that support sexual abuse and produce psychological disturbance (Fromuth, 1986) and that concomitant physical or psychological abuse may account for some of the difficulties otherwise attributed to sexual abuse (Briere & Runtz, 1990)." In a 1998 review of related literature, Martin and Fleming, state "The hypothesis advanced in this paper is that, in most cases, the fundamental damage inflicted by child sexual abuse is due to the child's developing capacities for trust, intimacy, agency and sexuality, and that many of the mental health problems of adult life associated with histories of child sexual abuse are second-order effects." Other studies have found an independent association of child sexual abuse with adverse psychological outcomes.
Kendler et al. (2000) found that most of the relationship between severe forms of child sexual abuse and adult psychopathology in their sample could not be explained by family discord, because the effect size of this association decreased only slightly after they controlled for possible confounding variables. Their examination of a small sample of CSA-discordant twins also supported a causal link between child sexual abuse and adult psychopathology; the CSA-exposed subjects had a consistently higher risk for psychopathologic disorders than their CSA non-exposed twins. After controlling for possible confounding variables, Widom (1999) found that child sexual abuse independently predicts the number of symptoms for PTSD a person displays. 37.5% of their sexually abused subjects, 32.7% of their physically abused subjects, and 20.4% of their control group met the criteria for a diagnosis of PTSD. The authors concluded, "Victims of child abuse (sexual and physical) and neglect are at increased risk for developing PTSD, but childhood victimization is not a sufficient condition. Family, individual, and lifestyle variables also place individuals at risk and contribute to the symptoms of PTSD." The same study reported that "sexual abuse, perhaps more than other forms of childhood trauma, leads to dissociative problems" and that "these PTSD findings represent only part of the picture of the long-term psychiatric sequelae associated with early childhood victimization ... antisocial personality disorder, alcohol abuse, and other forms of psychopathology." Child abuse, including sexual abuse, especially chronic abuse starting at early ages, has been found to be related to the development of high levels of dissociative symptoms, which includes amnesia for abuse memories. The level of dissociation has been found to be related to reported overwhelming sexual and physical abuse. When severe sexual abuse (penetration, several perpetrators, lasting more than one year) had occurred, dissociative symptoms were even more prominent.
Child sexual abuse has also been repeatedly associated in adulthood with depression and chronic pain.People with a history of child abuse, especially sexual abuse, are more likely than people with no history of abuse to become frequent users of emergency and medical care services. A study comparing middle-aged women who were abused with non-abused counterparts found significantly higher health care costs for the former; 36% higher for women both physically and sexually abused, and 16% higher for women sexually, but not physically abused, and 22% higher for women only physically abused.
It has been suggested that young children who are abused sexually by adult females may incur double traumatization due to the widespread denial of female-perpetrated child sexual abuse by non-abusing parents, professional caregivers and the general public. Turner and Maryanski in Incest: Origins of the Taboo (2005), suggest that mother-son incest causes the most serious damage to children in comparison to mother-daughter, father-daughter and father-son child incest. Crawford asserts that our socially repressed view of female and maternal sexuality conceals both the reality of female sexual pathologies and the damage done by female sexual abuse to children.
Neurological
Research has shown that traumatic stress, including stress caused by sexual abuse, causes notable changes in brain functioning and development. Various studies have suggested that severe child sexual abuse may have a deleterious effect on brain development. Ito et al. (1998) found "reversed hemispheric asymmetry and greater left hemisphere coherence in abused subjects;" Teicher et al. (1993) found that an increased likelihood of "ictal temporal lobe epilepsy-like symptoms" in abused subjects; Anderson et al. (2002) recorded abnormal transverse relaxation time in the cerebellar vermis of adults sexually abused in childhood; Teicher et al. (1993) found that child sexual abuse was associated with a reduced corpus callosum area; various studies have found an association of reduced volume of the left hippocampus with child sexual abuse; and Ito et al. (1993) found increased electrophysiological abnormalities in sexually abused children.
Some studies indicate that sexual or physical abuse in children can lead to the overexcitation of an undeveloped limbic system. Teicher et al. (1993) used the "Limbic System Checklist-33" to measure ictal temporal lobe epilepsy-like symptoms in 253 adults. Reports of child sexual abuse were associated with a 49% increase to LSCL-33 scores, 11% higher than the associated increase of self-reported physical abuse. Reports of both physical and sexual abuse were associated with a 113% increase. Male and female victims were similarly affected.
King et al. (2001), studying 5 to 7 year old girls who had been abused within the last two months, found victims of early sexual abuse had significantly lower cortisol levels than control subjects. Victims of severe childhood abuse who suffer from PTSD have been found to have increased cortisol levels.
Navalta et al. (2006) found that the self-reported math Scholastic Aptitude Test scores of their sample of women with a history of repeated child sexual abuse were significantly lower than the self-reported math SAT scores of their non-abused sample. Because the abused subjects verbal SAT scores were high, they hypothesized that the low math SAT scores could "stem from a defect in hemispheric integration." They also found a strong association between short term memory impairments for all categories tested (verbal, visual, and global) and the duration of the abuse.
Controversy
A few controversial studies have suggested that some adults reporting experiences of childhood or adolescent sexual contact with adults had maintained some at least partially positive feelings about those experiences. Psychologist Bruce Rind argued in a 1998 study known as Rind et al. that not all cases of adult-child sex should be termed "child sexual abuse". This study was condemned by the United States Congress, an event which marked the first time in U.S. history that Congress officially condemned a study published in a major scientific journal. Rind's study was a meta-analysis of 15 studies using college students that found that boys reacted positively in 37% of the cases, while girls reacted positively in 11% of the cases. The methodology of this study has been criticized by Dallam et al. (2002) but has also received support. One study found that most men formerly involved in woman-boy sexual relations evaluate their experience as positive upon reflection. There is contrasting evidence that some children who initially report positive feelings will sometimes go on to reassess their abuse in a negative light. 38% of the 53 men studied by Urquiza (1987) said that they viewed their experience as positive at the time, but only 15% retained this attitude. According to Coffey et al. (1996), this may be due in part to the stigma attached to child sexual abuse. One exploratory questionnaire-based study of 63 men and women who self-identified as maintaining at least a partial positive feeling about intergenerational sexual contact experienced during their childhood or adolescence suggested a wide range of possible effects in adult life, rather than a clearly-defined pathology. Of the 63 subjects, 41% recalled feelings of guilt, 35% said they were frightened at the time, and 29% reported feelings of shame. Russell (1986) speculated that the perception of a sexually abusive event as 'positive' could stem from a mechanism for coping with traumatic experiences.
The presumption of trauma or damage is hypothesized to be able to cause iatrogenic harm to child victims.
Epidemiology and prevalence
Dr. Gwen Adshead states that child sexual abuse occurs frequently in Western society. In research cited by Baker and Duncan, prevalence figures range between 10% in the UK or by other studies up to 62% for females and 16% for males in the United States. According to data from the Administration on Children and Families, of the US Department of Health and Human Services, in 2005 there were an estimated 3.6 million investigations by Child Protective Services in the USA; and of those, 899,000 were substantiated. Of the substantiated abuse reports, 9.3% of the cases showed 83,600 children were determined to have been sexually abused.
Based on a literature review of 23 studies, Goldman & Padayachi found that the prevalence of child sexual abuse varied between 7-62% for girls and 4-30% for boys. A meta-analytic study by Rind, Tromovitch, and Bauserman found that reported prevalence of abuse for males ranged from 3% to 37%, and for females from 8% to 71% with mean rates of 17% and 28% respectively. Berl Kutchinsky argues that most prevalence rates are overexaggerated and claim that the real prevalence of child sexual abuse may be as low as 1-2%. A 1992 survey studying father-daughter incest in Finland reported that of the 9,000 15-year old high school girls who filled out the questionnaires, of the girls living with their biological fathers, 0.2% reported father-daughter incest experiences; of the girls living with a stepfather, 3.7% reported sexual experiences with him. The reported counts included only father-daughter incest and did not include prevalence of other forms of child sexual abuse. The survey summary stated, "the feelings of the girls about their incestual experiences are overwhelmingly negative." Others argue that prevalence rates are much higher, and that many cases of child abuse are never reported. One study found that professionals failed to report approximately 40% of the child sexual abuse cases they encountered A study by Lawson & Chaffin indicated that many children who were sexually abused were "identified solely by a physical complaint that was later diagnosed as a venereal disease...Only 43% of the children who were diagnosed with venereal disease made a verbal disclosure of sexual abuse during the initial interview." It has been found in the epidemiological literature on CSA that there is no identifiable demographic or family characteristic of a child that can be used to bar the prospect that a child has been sexually abused.
In US schools, according to the US Department of Education., "nearly 9.6% of students are targets of educator sexual misconduct sometime during their school career." In studies of student sex abuse by male and female educators, male students were reported as targets in ranges from 23% to 44%. In U.S. school settings same-sex (female and male) sexual misconduct against students by educators "ranges from 18-28% or reported cases, depending on the study"
Significant underreporting of sexual abuse of boys by both women and men is believed to occur due to sex steoreotyping, social denial, the minimization of male victimization, and the relative lack of research on sexual abuse of boys. Sexual victimization of boys by their mothers or other female relatives is especially rarely researched or reported. Sexual abuse of girls by their mothers, and other related and/or unrelated adult females is beginning to be researched and reported despite the highly taboo nature of female-female child sex abuse. In studies where students are asked about sex offenses, they report higher levels of female sex offenders than found in adult reports. This under-reporting has been attributed to cultural denial of female-perpetrated child sex abuse, because "males have been socialized to believe they should be flattered or appreciative of sexual interest from a female" and because female sexual abuse of males is often seen as 'desirable' and/or beneficial by judges, mass media pundits and other authorities.
The prevalence of child sexual abuse in Africa is compounded by a belief that sexual intercourse with a virgin will cure a man of HIV or AIDS. This belief is especially common in South Africa, which has the highest number of HIV-positive citizens in the world. According to official figures, one in eight South Africans are infected with the virus. Eastern Cape social worker Edith Kriel notes that "child abusers are often relatives of their victims - even their fathers and providers." More than 67,000 cases of sexual assaults against children were reported in 2000 in South Africa. Child welfare groups believe that the number of unreported incidents could be up to 10 times that number. Researcher Suzanne Leclerc-Madlala states that the myth that sex with a virgin is a cure for AIDS is not confined to South Africa: "Fellow AIDS researchers in Zambia, Zimbabwe and Nigeria have told me that the myth also exists in these countries and that it is being blamed for the high rate of sexual abuse against young children."
Disclosure
Disclosure refers to when a victim of abuse tells someone that he or she has been abused. How one responds to disclosure is critical to the victim’s short-term and long-term outcomes. Previous research has found that children who received supportive responses following disclosure had less traumatic symptoms and were abused for a shorter period of time than children who did not receive support In general, studies have found that children need support and stress-reducing resources after disclosure of sexual abuse Negative social reactions to disclosure have actually been found to be harmful to the survivor’s wellbeing One study reported that children who received a bad reaction from the first person they told, especially if the person was a close family member, had worse scores as adults on general trauma symptoms, posttraumatic stress disorder symptoms, and dissociation Another study found that in most cases when children did disclose abuse, the person they talked to did not respond effectively, blamed or rejected the child, and took little or no action to stop the abuse Although hearing a victim’s disclosure might be uncomfortable, for the sake of the victim’s wellbeing, it is important to be able to respond effectively. Showing that you understand and take seriously what the child is saying is an important first step. The American Academy of Child and Adolescent Psychiatry provides guidelines for what to say to the victim and what to do following the disclosure
Types of child sexual assault
Child sexual abuse includes a variety of sexual offenses, including:
- sexual assault – a term defining offenses in which an adult touches a minor for the purpose of sexual gratification; for example, rape (including sodomy), and sexual penetration with an object. Most U.S. states include, in their definitions of sexual assault, any penetrative contact of a minor’s body, however slight, if the contact is performed for the purpose of sexual gratification.
- sexual molestation – a term defining offenses in which an adult engages in non-penetrative activity with a minor for the purpose of sexual gratification; for example, exposing a minor to pornography or to the sexual acts of others.
- sexual exploitation – a term defining offenses in which an adult victimizes a minor for advancement, sexual gratification, or profit; for example, prostituting a child, and creating or trafficking in child pornography.
- sexual grooming - defines the social conduct of a potential child sex offender who seeks to make a minor more accepting of their advances, for example in an online chat room
The legal term child sexual offender refers to a person who has been convicted for one or more child sexual abuse offenses. The term, therefore, describes a person who has committed child sexual abuse, without regard to the perpetrator's motivation.
Intrafamilial child sexual abuse
Intrafamilial child sexual abuse refers to child sexual abuse offenses where the perpetrator is related to the minor, either by blood or marriage. Such crimes are most commonly addressed in family courts, as opposed to criminal courts, although no laws prohibit simultaneous proceedings in both forums.
Incest refers to sexual activity between related persons, without regard to their ages or the presence of consent. 70% of all perpetrators of sexual abuse are related to their victim. Incest is a criminal offense in most states. In the majority of states with incest laws, a perpetrator of intrafamilial child sexual abuse may be prosecuted for incest instead of child sexual abuse offenses. A related perpetrator, if convicted under the state's incest law, will receive a significantly lower penalty for committing the same acts that constitute criminal child sexual abuse in that state. Recognizing this loophole, some states have altered their penal codes to prohibit prosecution of intrafamilial child sexual abuse under the incest statutes. In these states, which include Arkansas, California, Illinois, New York, and North Carolina, all perpetrators of sexual offenses against children are prosecuted under the same laws, without regard to whether they are related to their victims. These states retain their incest laws only for their original purpose: to prohibit sexual activity between those too closely related by blood.
Pedophilia
Main article: PedophiliaThe American Psychiatric Association and the World Health Organization both define pedophilia as attraction by adults and older adolescents toward prepubescent children, whether the attraction is acted upon or not. According to researcher Howard E. Barbaree, "not all child molesters are pedophiles, and some pedophiles may not have molested children (ie there may be men who prefer sex with prepubescent children but who have not acted on their desires)".
The term "pedophile" is used colloquially to refer to child sexual offenders. However, pedophilia is generally defined as a sexual preference for prepubescent or preadolescent children, and is currently defined as a psychiatric disorder by the medical community. Neither definition requires the pedophile to have sexually offended, with the latter specifying additional requirements such as distress. Not all child sexual offenders meet the diagnostic criteria of pedophilia,. Law enforcement and legal professionals have begun to use the term predatory pedophile, a phrase coined by children's attorney Andrew Vachss, to refer specifically to pedophiles who engage in sexual activity with minors. The term emphasizes that child sexual abuse consists of conduct chosen by the perpetrator.
In papers by Paul Okami and Amy Goldberg (1992), and Kevin Howells (1981), the authors stated that most data they had reviewed suggests that pedophiles make up a minority of incarcerated child sex offenders. According to the Mayo Clinic, pedophilic child molestors commit ten times more sexual acts against children than non-pedophilic child molestors.
International law
Child sexual abuse is widely outlawed, generally with severe criminal penalties, including in some jurisdictions, life imprisonment or capital punishment. An adult's sexual intercourse with a child below the legal age of consent is defined as statutory rape, based on the principle that a child is not capable of consent and that any apparent consent by a child is not considered to be legal consent
One hundred forty nations are signatories to the United Nations Convention on the Rights of the Child. This international treaty defines a set of protections which signatories agree to provide for the children of their respective countries. Articles 34 and 35 require that signatories protect their nations’ children from all forms of sexual exploitation and sexual abuse. This includes outlawing the coercion of a child to perform sexual activity, the prostitution of children, and the exploitation of children in creating pornography. Signatories also agree to prevent abduction, sale, or trafficking of children.
In the United States
Child sexual abuse has been recognized specifically as a type of child maltreatment in U.S. federal law since the initial Congressional hearings on child abuse in 1973. Child sexual abuse is illegal in every state, as well as under federal law. Among the states, the specifics of child sexual abuse laws vary, but certain features of these laws are common to all states.
The U.S. Supreme Court ruled in Kansas v. Hendricks that a predatory sex offender can be civilly committed upon release from prison. The Supreme Court ruled in Stogner v. California that California's ex post facto law, a retroactive extension of the statute of limitations for sexual offenses committed against minors, is unconstitutional.
The U.S. has also instituted Megan's Law, which requires law enforcement to release information about sex offenders. It is a modification of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, which specifies that information about both sexual offenders and individuals committing crimes against children must be released.
Minors' inability to consent
Between adults, most sexual activity does not constitute a criminal offense, unless one of the adults does not consent to the activity. In contrast, minors are unable to give consent under the law. Indeed, the term "minor" refers to a person who has not yet reached majority, the age at which one may give consent in any legal matter (for example, a minor cannot make a valid contract). Consequently, an adult who engages in sexual activity with a minor commits child sexual abuse.
Many states include in their penal codes a "Romeo and Juliet" exception for cases where sexual activity occurs between a young adult and a minor whose ages are within a few years of each other. This exception typically bars charging the young adult with a sex offense, if the young adult did not use force or coercion on the minor and the minor is a teenager.
Penalties for child sexual abuse
Penalties for child sexual abuse vary with the specific offenses for which the perpetrator has been convicted. Criminal penalties may include imprisonment, fines, registration as a sex offender, and restrictions on probation and parole. Civil penalties may include liability for damages, injunctions, involuntary commitment, and, for perpetrators related to their victims, loss of custody or parental rights.
During the last three decades many state legislatures have increased prison terms and other penalties for child sex offenders. This trend toward more stringent sentences generally targets those perpetrators who are repeat offenders, who victimize multiple children, or who stood in a position of trust with respect to their victims, such as a guardian, parent, pastor, or teacher. In Colorado, lawmakers proposed a new law allowing the death penalty for repeat offenders. However, the bill was rejected by the state senate. Social workers argued that in intra-familial abuse, the victims could be intimidated by their abuser into thinking their family member would be killed if they reported the abuse.
In South Africa
In 1995, South Africa ratified the United Nations Convention on the Rights of the Child and committed to a range of obligations aimed at establishing and protecting the rights of children. The Child Care Act, (74 of 1983) and the Child Care Amendment Act, (86 of 1991; 13 of 1999) make sexual abuse of children a criminal offense.
In the United Kingdom
The United Kingdom rewrote its criminal code in the Sexual Offences Act of 2003. This Act includes definitions and penalties for child sexual abuse offences, and (so far as relating to offences) applies to England and Wales and Northern Ireland. The Scottish Law Commission published its review of rape and sexual offences in December 2007, which includes a similar consolidation and codification of child sexual abuse offences in Scotland.
Offenders
Offenders are more likely to be relatives or acquaintances of their victim than strangers.A 2006-2007 Idaho study of 430 cases found that 82% of juvenile sex offenders were known to the victims (acquaintances 46% or relatives 36%). The percentage of incidents of sexual abuse by female perpetrators that come to the attention of the legal system is usually reported to be between 1% and 4%. Studies of sexual misconduct in US schools female sex offenders have showed mixed results with rates between 4% to 43% of female offenders. In U.S. schools, educators who offend range in age from "21 to 75 years old, with an average age of 28" with teachers, coaches, substitute teachers, bus drivers and teacher's aids (in that order) totaling 69% of the offenders.
Typologies for child sex offenders have been used since the 1970s. Male offenders are typically classified by their motivation, which is usually assessed by reviewing their offense's characteristics. Phallometric tests may also be used to determine the abuser's level of pedophilic interest. Groth et al. proposed a simple, dichotomous system in 1982 which classed offenders as either "regressed" or "fixated."
Regressed offenders
Regressed offenders are primarily attracted to their own age group but are passively aroused by minors.
- The sexual attraction in minors is not manifested until adulthood.
- Their sexual conduct until adulthood is aligned with that of their own age group.
- Their interest in minors is either not cognitively realized until well into adulthood or it was recognized early on and simply suppressed due to social taboo.
Other scenarios may include:
- Not associating their attractions as pedosexual in nature due to cultural differences.
- Age of consent laws were raised in their jurisdiction but mainstream views toward sex with that age group remained the same, were acted upon, then they were charged with a crime.
- The person's passive interest in children is manifested temporarily upon the consumption of alcohol and acted upon while inhibitions were low.
Fixated offenders
Fixated offenders are most often adult pedophiles who are maladaptive to accepted social norms. The etiology of pedophilia is not well-understood. The sexual acts are typically preconceived and are not alcohol or drug related.
Maletzky (1993) found that, of his sample of 4,402 convicted pedophilic offenders, 0.4% were female.
See also
- Rind et al. controversy
- Child sex tourism
- Child-on-child sexual abuse
- Commercial sexual exploitation of children
- Day care sexual abuse hysteria
- False allegation of child sexual abuse
- History of child sexual abuse as a social problem
- Prostitution of children
- Sexual harassment and abuse of students by teachers
References
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- ^ Shakeshaft, C, "Educator Sexual Misconduct: A Synthesis of the Literature", U.S. Department of Education, 2004, p25.
- Young, Cathy, "Double Standards: The Bias Against Male Victims of Sexual Abuse", 2002, Reasononline
- United Nations HIV/AIDS Fact Sheet, United Nations Development Programme, 2002.
- ^ South African Men Rape Babies as "Cure" for AIDS, Jane Flanagan, Daily Telegraph (UK), November 11, 2001.
- Child Rape: A Taboo within the AIDS Taboo: More and more girls are being raped by men who believe this will 'cleanse' them of the disease, but people don't want to confront the issue, by Prega Govender, Sunday Times (South Africa), April 4, 1999.
- Gries, L., Goh, D., Andrews, M., Gilbert, J., Praver, F., & Stelzer, D. (2000). Positive reaction to disclosure and recovery from child sexual abuse. Journal Of Child Sexual Abuse, 9(1), 29-51.
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- Arata, C. (1998). To tell or not to tell: Current functioning of child sexual abuse survivors who disclosed their victimization. Child Maltreatment, 3(1), 63.71.
- Palmer, S., Brown, R., Rae-Grant, N., & Loughlin, J. M., (1999). Responding to children's disclosure of familial abuse: what survivors tell us. Child Welfare, 2(78), 259-282.
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- Responding to Child Sexual Abuse ]
- Child Abuse Reported to the Police, Juvenile Justice Bulletin, U.S. Office of Juvenile Justice and Delinquency Prevention, May 2001.
- Definitions of Child Abuse and Neglect, Summary of State Laws, National Clearinghouse on Child Abuse and Neglect Information, U.S. Department of Health and Human Services.
- Criminal Investigation of Child Sexual Abuse, U.S. Office of Juvenile Justice and Delinquency Prevention, March 2001.
- Prostitution of Juveniles, U.S. Office of Juvenile Justice and Delinquency Prevention, June, 2004.
- Child Sexual Exploitation: Improving Investigations and Protecting Victims, Massachusetts Child Exploitation Network, U.S. Office of Juvenile Justice and Delinquency Prevention, January, 1995.
- grooming chatroom Content at ZDNet UK
- Comparison of Connecticut and Florida Child Sexual Offender Laws, Susan Price, State of Connecticut Office of Legislative Research, 2005.
- Summary of State Sex Offender Registry Dissemination Procedures, Bureau of Justice Statistics, U.S. Dept. of Justice, 1999.
- Decision-making of the District Attorney: Diverting or Prosecuting Intrafamilial Child Sexual Abuse Offenders, Lorie Fridell, Criminal Justice Policy Review, vol.4, 1990.
- See, for example, In re S.A., 37 P.3d 1172 (Utah Ct. App., 2001)
- List of Child Sexual Abuse Loopholes in State Law.
- The Incest Loophole, Andrew Vachss, New York Times, November 20, 2005.
- Child Sexual Abuse and the State, Ruby Andrew, UC Davis Law Review, vol. 39, 2006.
- Arkansas Act 1469 (2003).
- California Penal Code § 285.
- Illinois Public Act 93-0419 (2003).
- New York Penal Law § 255.27.
- North Carolina General Statute § 14-178.
- Incest: The Nature and Origin of the Taboo, by Emile Durkheim (tr.1963)
- Kinship, Incest, and the Dictates of Law, Henry A. Kelly, 14 American Journal of Jurisprudence, 1969.
- World Health Organization, International Statistical Classification of Diseases and Related Health Problems 10. § F65.4
- American Psychiatric Association (2000). Diagnostic and Statistical Manual of Mental Disorders (fourth edition text revision), § 302.2
- Criterion A, 302.2 – Pedophilia, Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, (DSM-IV-TR), American Psychiatric Association, 2000.
- Criterion B, 302.2 – Pedophilia, DSM-IV-TR.
- Global Assessment of Functioning, DSM-IV-TR.
- Criterion A, 302.2 – Pedophilia, DSM-IV-TR.
- Self-Report of Crimes Committed by Sex Offenders, M. Weinrott and M. Saylor, Journal of Interpersonal Violence, vol.6 (1991). A study finding that child sexual offenders self-reported high degree of "crossover" sexual offenses, defined as rapes of adult women, as well as of both related and non-related children).
- See, for example, State v. Frazier, 2005-Ohio-3356.
- See, for example, Prosecuting Child Sex Tourists at Home, Margaret A. Healy, Fordham International Law Journal, vol.18, 1995.
- How We Can Fight Child Abuse, Andrew Vachss, Parade Magazine, August 20, 1989.
- Okami, P. & Goldberg, A. (1992). "Personality correlates of pedophilia: Are they reliable indicators?," Journal of Sex Research, 29, 297-328. "This is a particularly important point because most data suggest that only a relatively small portion of the population of incarcerated sexual offenders against minors consists of persons for whom minors (particularly children) represent the exclusive or even primary object of sexual interest or source of arousal (Freund, Watson, & Dickey, 1991; Gebhard et al., 1965; Howells, 1981; Lang et al., 1988; Langevin, 1983; Mc Cormack & Selvaggio, 1989; Marshall, Barbaree, & Butt, 1988; Marshall & Eccles, 1991; Mohr et al., 1964; Quinsey, Chaplin, & Carrigan, 1979; Righton, 1981; Rowan, 1988; Schofield, 1965; Swanson, 1968)."
- Howells, K. (1981). "Adult sexual interest in children: Considerations relevant to theories of aetiology," in Cook, M. & Howells, K. (eds.), Adult sexual interest in children, 55-94.
- Signatories to the United Nations on the Convention of the Rights of the Child.
- United Nations Convention on the Rights of the Child.
- Child Abuse Prevention and Treatment Act of 1974, (most recently reauthorized by Public Law No.108-36, (2003)).
- State Statutes - Child Abuse and Neglect, Children's Bureau, U.S. Department of Health and Human Services.
- Index of Child Welfare Laws,Children's Bureau, U.S. Department of Health and Human Services.
- Definitions of Child Abuse and Neglect, Summary of State Laws, National Clearinghouse on Child Abuse and Neglect Information, U.S. Department of Health and Human Services.
- "Kansas v. Hendricks 521 U.S. 346". supreme.justia.com. Retrieved 2007-10-19.
{{cite web}}
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(help) - "Stogner v. California". oyez.org. Retrieved 2007-12-30.
{{cite web}}
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(help) - The Age of Majority, T.E. James, American Journal of Legal History, vol. 4 (1960).
- See, for example, Dixon v. State, 278 Ga. 4, (2004), stating that 38 states have a such a law.
- A Step in the Right Direction, Sabrina A. Perelman, Georgetown Journal of Gender & Law, vol.7 (2006).
- Consensual Sex and Age of Sexual Consent, Colette S. Peters, Colorado Legislative Council Brief, 2002.
- Child Sexual Abuse and the State, Ruby Andrew, UC Davis Law Review, vol. 39, 2006.
- See, for example,People v. Murphy, 19 P.3d 1129 (2001).
- See, for example, People v. Hammer, 69 P.3d 436 (2003)
- See, for example, Washington v. Grewe, 813 P.2d 1238 (1991).
- Fergusson, D. M., Lynskey, M. T., and Horwood L. J. (1996). "Childhood sexual abuse and psychiatric disorder in young adulthood: Prevalence of sexual abuse and factors associated with sexual abuse," Journal of the American Academy of Child and Adolescent Psychiatry, 35(10), 1355-64.
- Joint Submission by The Office of the Governor C.L. Butch Otter, Governor and The Office of the Attorney General Lawrence Wasden, Attorney General January, 2008. "The Prosecution of Child Sexual Abuse in Idaho July 1, 2006 - June 30, 2007" (pdf). Retrieved 2008-1-28.
{{cite journal}}
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(help); Cite journal requires|journal=
(help)CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - Denov, M, S. (2003) The myth of innocence: sexual scripts and the recognition of child sexual abuse by female perpetrators. The Journal of Sex Research, Vol, 40, No, 3, 2003: pp. 303-314.
- Shakeshaft, C, "Educator Sexual Misconduct: A Synthesis of the Literature", U.S. Department of Education, 2004, p24-25.
- Terry, Karen J., and Tallon, Jennifer. "Child Sexual Abuse: A Review of the Literature."
- Groth, A.N., Hobson, W.F. and Gary, T.S. (1982). "The child molester: clinical observations." In Journal of Social Work and Child Sexual Abuse, 1(1/2), 129-144.
- Maletzky, B.M. (1993). "Factors associated with success and failure in the behavioral and cognitive treatment of sexual offenders," Annals of Sex Research, 6, 241-258.
Further reading
- Waterman, Jill (1993). Behind the Playground Walls - Sexual Abuse in Preschools. New York, London: The Guilford Press. ISBN 0-89862-523-8.
{{cite book}}
: Unknown parameter|coauthors=
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suggested) (help) - Davis, Laura; Bass, Ellen (1994). The courage to heal: a guide for women survivors of child sexual abuse: featuring "Honoring the truth, a response to the backlash". New York: HarperPerennial. ISBN 0060950668.
{{cite book}}
: CS1 maint: multiple names: authors list (link) - Lew, Mike. Victims No Longer (Second Edition) : The Classic Guide for Men Recovering from Sexual Child Abuse. Perennial Currents. ISBN 006053026X.
External links
Published articles
- U.S. Dept. of Health and Human Services, Executive Summary of the Third National Incidence Study of Child Abuse and Neglect, 1996.
- Vigil, J. et al., A Life History Assessment of Early Childhood Sexual Abuse in Women, Developmental Psychology, 2005.
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