scholarly journals Problem of Child Sexual Abuse and the Response of Judiciary: an Analytical Study

Gour Preeti

Child sexual abuse is a tragic reality of every society which has always been tried to hide. However, Child Sexual abuse is a social constriction and its definition and conceptualization are also socially constructed phenomena. Children are the most sensitive and delicate part of every family, society and Nation, hence the risk of their vulnerability are also very high. In such a situation, the increasing incident of sexual abuse against children is extremely frightening. The NCRB data released every year is also telling a similar horrifying picture. Whereas many cases occurring in homes remain unreported and unfortunately many children are forced to bear all pain of sexual abuse silently. Child sexual abuse is a very serious issue and should therefore be taken with utmost seriousness and sensitivity. considering the severity of problem in 2012, the POCSO Act was passed by parliament with the main objective of protection of children from various kind of sexual abuses and offence .In 2018 after a horrifying incident of khatua, in Jammu and Kashmir, some amendments were made in POCSO Act and IPC under which in some aggravated forms of sexual crime against children it has been added stringent provisions ranging from life imprisonment to death sentence. But all these legal remedies will prove to be completely useless. If our judicial system adopts the same criteria on such crimes as it does in others cases of sexual offences as seen in many judicial decisions. Majour Singh case, Mathura Rape case and Rahim Beg case are the few great example of injustice precedent. Keywords: child sexual abuse, sexual violence, molestation, criminal justice system, judiciary, protection of children, POCSO Act and IPC.

2019 ◽  
Vol 1 (1) ◽  
pp. 61-66 ◽  
Klaus M. Beier

Paedophilia—a sexual preference for the body scheme of pre-pubescent children—is defined as a disorder within the International Classification of Diseases (ICD) of the World Health Organization as well as within the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association. Contrary to popular belief, not all sex offenders who target children are paedophiles, and not all paedophiles commit sexual offences. But quite obviously paedophilia is an emotionally charged and controversial topic, which might be an explanation for putting it out of focus within the healthcare system. Mental health professionals are mainly (and worldwide) not well trained in terms of assessment methods and intervention techniques available to develop and implement effective policies and practices. This presents an obstacle for prevention, in that proactive strategies to protect children from child sexual abuse and sexual exploitation by online offences, such as the consumption or distribution of child abusive images (so-called child pornography), which emphasises the internationally relevant dimension of the issue. The article will address key concerns and questions in dealing with this clinically relevant population, offer insights into a primary prevention approach developed in Germany, and discuss the situation on a European level.

Asha Bajpai

Child sexual abuse and exploitation covers the sexual maltreatment of both children and young people. Part A deals with child sexual abuse (CSA) in India, its magnitude, and child sexual abuse in institutions. It deals with the national legal regime relating to CSA including the constitutional provisions, Juvenile Justice Act, 2015 and Protection of Children from Sexual Offences Act, 2012 (POCSO). Law reform relating to some provisions in POCSO, child marriage laws, Right to Education Act and, and child victims and witnesses is recommended. Part B deals with commercial sexual exploitation and trafficking of minor children in the context of organized exploitation for commercial gain. The Indian laws dealing with commercial sexual exploitation and pornography are included. Important judgements and international instruments dealing with child sexual abuse and exploitation and the important role played by NGOs and government in dealing with cases of CSA and exploitation are included.

2017 ◽  
Vol 23 (2) ◽  
pp. 196-206 ◽  
Irit Hershkowitz ◽  
Eran P. Melkman ◽  
Ronit Zur

A large national sample of 4,775 reports of child physical and sexual abuse made in Israel in 2014 was analyzed in order to examine whether assessments of credibility would vary according to abuse type, physical or sexual, and whether child and event characteristics contributing to the probability that reports of abuse would be determined as credible would be similar or different in child physical abuse (CPA) and child sexual abuse (CSA) cases. Results revealed that CPA reports were less likely to be viewed as credible (41.9%) compared to CSA reports (56.7%). Multigroup path analysis, however, indicated equivalence in predicting factors. In a unified model for both types of abuse, salient predictors of a credible judgment were older age, lack of a cognitive delay, and the alleged abusive event being a onetime less severe act. Over and beyond the effects of these factors, abuse type significantly contributed to the prediction of credibility judgments.

2019 ◽  
Vol 6 (1) ◽  
pp. 9-21
Sri Wahyuni

The title of this research is “The Psychological Impacts of Sexual Abuse Experienced by The Main Character of K.L Randis’ Novel Spilled Milk”. This study aims to determine the psychological impact of children on sexual abuse experienced by children. This research examines the phenomena of child abuse especially for sexual abuse and aim to reveal that literary work reflects social reality. The object of this research is “Spilled Milk” This novel shows that sexual abuse against children is a relationship between a child and an older person where the child is used as a satisfying object for the sexual needs of the offender. The method of this research that is used is Descriptive Qualitative. Data were obtained from words, phrases, clauses, or sentences in primary data. Data were analyzed by literary psychology approach and psychological theory. The psychological theories that are used in this thesis are the psychological impacts of sexual abuse by SECASA. The results of the psychological impact found in novel “Spilled Milk” are fear, responsibility, guilt and shame, anger and flashback or nightmare. So, hopefully this research is expected to be able to become a reference which can provide useful information child abuse and for people to prevent the act of child sexual abuse and help the victims. Keywords: Child Sexual abuse; Psychology; The Sexual Abuse Impact

Mark Naylor

Disclosing to someone that you have been the victim of a sexual offence has been described as stepping out of an airplane door and not being sure if your parachute is going to work. This is especially true of historic sexual offences, where the victim has lived with, and sometimes normalised their experiences, often over decades. The stigma of being a victim, the shame about not stopping the offence or making a disclosure sooner, the anxiety about how family, colleagues and partners will view you, all act as inhibitors to making disclosures; these continue even after disclosure is made. The purpose of this chapter is to discuss the authors lived experiences of investigating sexual offences and of making a disclosure of historic sexual abuse to his employer.

2009 ◽  
pp. 47-59
Giuliana Mazzoni

- In this article research is briefly reviewed on investigative interview techniques in children alleged victims of child sexual abuse. It is shown that such techniques represent a crucial factor in determining the accuracy and reliability of the witness report. Research in the psychology of eyewitness testimony provides important elements to understand which techniques are examples of good and which are examples of bad practice, which errors are commonly made in interviews, and which are the negative consequences of such common errors. Guidelines can limit the number of errors and render a report more accurate. Guidelines should be the same for every interviewer, and should be developed by a group of experts who are clearly familiar with the research data obtained in the psychology of eyewitness testimony.Key-words: eyewitness testimony, interview, children, sexual abuse.Parole chiave: testimonianza oculare, intervista, bambini, abuso sessuale.

Julie-Ann Collins ◽  
Julie-Ann Maney ◽  
Alison Livingstone

A parent or carer’s observation of blood in a child’s nappy or underwear can be quite alarming for both parent and child and may indicate vaginal bleeding. At first glance, it may be difficult to ascertain whether the bleeding is from the skin, genital tract, urinary tract or anus. Confirmed vaginal bleeding in a pre-pubertal girl is rare but always abnormal and requires comprehensive assessment to determine the cause. Recognition of normal female pre-pubertal anatomy is essential to detect any abnormalities. Appropriate action should be taken according to findings on initial inspection of the ano-genital area. The possibility of child sexual abuse and the need for specialist paediatric sexual offences medicine examination by an FME (Forensic Medical Examiner) or specialist paediatrician should always be considered. This article offers a systematic approach to assessment in pre-pubertal girls with apparent vaginal bleeding which will benefit general paediatricians, emergency department practitioners and GPs.

2021 ◽  
Timothy Cubitt ◽  
Sarah Napier

Technologically enabled crime has proliferated in recent years. One such crime type is the live streaming of child sexual abuse (CSA). This study employs a machine learning approach to better understand the characteristics of Australians who engaged with known facilitators of CSA live streaming in the Philippines. This model demonstrated notable success in identifying the individuals who would engage in a high number of transactions with known facilitators. Individuals engaged in high-volume live streaming typically spent small amounts (under $55) at intervals of less than 20 days. Where prolific offenders had a criminal record, it was unlikely to consist of high-harm crime types, such as violent or sexual offences.

Samuel J. Nicol ◽  
Danielle A. Harris ◽  
Mark R. Kebbell ◽  
James Ogilvie

We do not know whether men who access Child Sexual Exploitation Material (CSEM) are contact child-sex offenders using technology - or a new and different type of child sex offender. This study compares men who were charged with Contact Child Sexual Abuse (CCSA) (n = 95) exclusively, and men who were charged with offences involving online CSEM (n = 99) exclusively. This is the first study of its kind in Australia, the first to divide participants into mutually exclusive offending type groups and to do this using police data. Logistic regression results indicated that CSEM offenders were significantly more likely to be older, more likely to be employed, have fewer criminal charges and supervision violations compared to CCSA offenders. The findings further highlighted the heterogeneity of those charged with child sexual offences based on offence typology. The identification of demographic, lifestyle and interpersonal characteristic differences between online CSEM and CCSA offenders’ questions the use of uniform approaches to community supervision and treatment protocols. The implications of these findings are discussed in light of an increased volume of people charged with CSEM offences.

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