3666 chap 8

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8/18/2015

Prepared by Emily Berthelot, University of Arkansas at Little Rock ©

CHAPTER EIGHT

VICTIMIZED

CHILDREN

1. To understand how two perspectives, a maximalist

alarmist stance and a minimalist skeptical viewpoint, can

arise and clash over the scope and seriousness of

problems whenever solid statistical evidence is lacking.

2. To appreciate how substantial progress has been made

along a number of dimensions in addressing the

problem of missing children.

3. To recognize how children can be maltreated in a

number of ways.

4. To grasp how maltreatment can cause great and lasting

suffering for children as they grow up and become

adults.

Learning Objectives

5. To appreciate how complicated it is to try to determine

exactly how many children endure abuse at the hands of

adults, and whether child maltreatment is growing or

diminishing.

6. To recognize the many controversies that surround the

issues of recovering memories of child sexual abuse by

caretakers, and of exposing molestations by members of

the clergy.

7. To become familiar with the many child-centered reforms

that have been implemented in the family court and

criminal justice system.

8. To recognize child abuse in all its guises, including attacks

by siblings and the statutory rape of minors.

Learning Objectives

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Children as Victims

Maximalist vs. Minimalist Positions

 Debate continues with no real statistical data

 Maximalist

 Overlooked problem reaching epidemic

proportions

 Wide problem not receiving adequate

attention and action by government

 Must mobilize people to combat growing crisis

Children as Victims

 Minimalist  Skeptical of scope and seriousness

 Attention and expenditures not warranted

 Minimalists’ and Maximalists’ viewpoints are ideologies.

 Individuals of these categories are considered alarmists (Maximalists) or skeptics (Minimalists)

Missing Children

 Inveiglement—detainment through trickery or

manipulation

 Kidnapping

 For ransom or robbery

 For sexual abuse

 Raise as their own child

 To kill

Kidnapping need not involve force or violence

to be illegal

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Missing Children

 See Box 8.1: Highlights of the

Rediscovery of the Missing Children

Problem

 No real data on ―Kidnapping‖

 Not even a Part 1 Crime under UCR.

 NCVS does not ask about kidnappings or

include crimes against children under age

12.

Missing Children

 Explanations of missing children:

 Stranger abduction

 Runaway who will eventually return home

 Throwaways expelled from home by

parents

 Abducted by a parent after separation or

divorce

 Confused and lost child

Missing Children

 1984 National Incidence Study of Missing, Abducted, Runaway and Throwaway (NISMART) established to gather data

 90-115 Life-Threatening Kidnappings per Year

 12,000 Short-Term Abductions by Non- Family Member per Year

 56,500 Long-Term Abductions by Family Member per Year

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Missing Children

 NISMART 2 study of over 800,000 cases reported to police:

 45% runaways or throwaways

 43% misunderstandings and miscommunication between child and parents

 8% did not return home due to lost/injured

Missing Children

 National Responses to Problem

 ―Be On the Look Out‖ (BOLO)

 Amber Alert

 Code Adam

 Stranger Danger

 Family Secret Words

 Stockholm Syndrome Challenges

Missing Children

T A B L E 8.1 Accomplishments of the Amber Alert System,

2005–2011

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Physically and Sexually Abused

Children

 Battered Child Syndrome— Cyclical pattern of excessive punishments perpetrated by parents who themselves were abused

 Neglect— Abandoned or failed to provide basic requirements

 Physical, Emotional, Educational

 Physical Abuse— Ranges from physical force to extended confinement

 Sexual Abuse— Incest, fondling, sodomy, intercourse, rape and exploitation (pornography and prostitution)

Child Abuse

 National Incidence Study (NIS) OF Child

Abuse and Neglect

 1/58 children experiences harmful

maltreatment

 58% hurt physically

 24% sexually molested

 27% experienced emotional abuse

Child Abuse

 Maximalist Position

 Occurring in enormous numbers—not

reported

 Under-reporting serious problem

 Professionals, teachers, counselors not

reporting

 Cases reported not followed up on due to

lack of resources

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Child Abuse

 Minimalist Position

 Definition of child abuse expanding—slaps

and spanking included

 ―Abuse‖ now includes ―normal discipline‖

 Events not increasing—reporting increasing

 Unfounded reports should not be counted

 Media have sensationalized occurrences

Child Abuse

 Trends of 70s–90s saw increased events.

 Ebbed in late 90s and now decreasing.

 Rates of child maltreatment dropped from 15.3/1000 in 1993 to 9.2/1000 in 2011/2012— a nearly 40% decrease!

 Drugs and alcohol are factors contributing to child abuse.

Child Sex Abuse

 SAID Syndrome—‖Sexual Allegations in

Divorce‖

 Repressed Memories of Children—False

Memory (Pseudomemories) coined by

Sigmund Freud

 Sex Abuse by Clerics

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Abused Children and Legal

Proceedings

 Prevention of further abuse in CJ system

 Guardian Ad Litem (GAL)—Child Advocate

 Two responses to abusers: 1. View the parental wrong as dysfunctional and

in need of treatment and rehabilitation

2. React to them as criminals deserving incapacitation and punishment

Children as Witnesses

 Two Points of View  Pro-prosecution/Pro-victim—Children generally

competent witnesses on fairly recent events.

 Pro-Defendant—Questions trustworthiness of children's testimony as vulnerable to coaching by adults.

 High-pressure techniques can lead to false memory and ultimately lead to wrongful conviction.

Children as Witnesses

 Wheeler vs. US (1895): children under 14 had to pass competency before testifying.

 Child Abuse Act of 1990 ruled all children competent unless evidence to contrary.

 Child Friendly Courtrooms/Practices

 1990 U.S. Supreme Court (Maryland vs. Craig) ruled alternatives to direct confrontation are permissible.

 Hearsay Rule exceptions, use of dolls, etc.

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Child Abuse

 Funnel Model of Criminal Justice System

 So many cases are weeded out at various stages that very few cases remain in which the child testifies and parents are convicted.

 Pro-active vs. Re-active Strategies

 Screening potential childcare workers

 Setting up ―help lines‖ and crisis nurseries

 Parents Anonymous support groups for abusers

 Child rearing courses

 Safe Haven laws to prevent infanticides

Additional Forms of Exploitation

of Children

 Sibling Abuse

 Abuse of Adolescents by Parents

 Statutory Rape of Minors