The Legal System When a Minor is Sexually Abused
Child abuse is an act that occurs in different ways within the home. It is known that sexual abuse of a minor occurs when a person forcibly or manipulatively takes a minor to satisfy their sexual needs. This crime can be perpetrated by another child, adolescent, or adult, and in most cases, the abusers live near the minor or the minor’s family.
When a child experiences sexual abuse, it usually causes destabilization in the home; the family enters a crisis and often does not know how to handle the situation. Sometimes families know how to respond to other types of problems, but when it comes to sexual abuse of a family member who is a child, the situation is difficult to face. Families nowadays must educate themselves on how to handle these issues that can threaten families daily.
Sexual abuse of children in the city of Los Angeles is strictly managed by different government institutions and organizations, including hospitals, police stations, and child protective services. Parents can approach these institutions to learn how to address a child sexual abuse case and the legal way to proceed.
How to Recognize Symptoms of Sexual Abuse in Children:
Children who have been sexually abused do not always show the same symptoms or have the same reactions that reveal they were abused. When parents discover their children were abused, it is always recommended to seek psychological help, counseling, and legal assistance so that the child or minor and their family can face the process in the best way possible.
In the future, children who are victims of sexual abuse, if not treated with patience and professional help where their emotions are worked on and healed, may become adults with serious family problems. In each stage of transition and growth, they may present serious behavioral problems.
Different Types of Trauma:
The degree of trauma and psychological damage in child abuse is not the same for all children. Below are some of the most common traumas that can be identified:
Emotional Effects:
- Feelings of depression and pain.
- Feelings of guilt, anxiety, and revenge.
- Repressed anger
- Distrust of people
- Negative feelings
Behavioral Effects:
- Alcohol and drug use
- Property destruction
- Withdrawal from family and friends
- Consistently acting out
Physical Effects:
- Sexually transmitted diseases
- Injuries
- Unwanted pregnancies
- Changes in eating or sleeping patterns
Cognitive Effects:
- Low self-esteem
- Victim mentality
- Difficulty concentrating
- School problems
Sexual Effects:
- Victimizing others
- Being victimized
- Exhibiting hyperactive sexual behavior
All of these are effects a child may suffer. Some suffer several of these effects, and the process of healing their emotions and behaviors is quite complex. According to studies conducted, it is established that 10% to 30% of abusers are strangers, but at least 70% of cases are perpetrated by people known or close to the minor. Abusers rarely commit this act suddenly; they always seek to spend time with the child, gain the child’s and family members’ trust, give gifts to the child, make the child do what they want when they are around, all to ensure that once the abuse happens, the child reveals nothing and the abuse remains secret.
In many cases, children who were abused do not immediately reveal what happened; it often takes a long time for them to disclose the abuse. The abuser will try to threaten, deter, or manipulate the minor not to say they were sexually abused. Some children tell other children or adults what happened, but it is common that the first time children tell, they do not provide complete information or retract what they said. It must be handled with great patience and caution once abuse begins to be revealed.
The Legal System in Cases of Child Sexual Abuse
Regarding child sexual abuse cases, the court system can be frustrating for the family of the abused minor. The procedure is often confusing because the parents of the victim will try to keep the abuser away from the child and want the abuser to be jailed for the crime committed. However, the court system seeks to protect not only the rights of the abused minor but also those of the abuser or accused.
Sexual abuse cases can be prosecuted through the following forms:
- Criminal case
- Protection or restraining order case
- Child protective services investigation
- Family law case
Standard Visitation Schedules
Child Protective Services (CPS), a state government agency, has the authority to investigate when there are suspicions of sexual abuse in a child. If CPS finds that the minor is at risk of abuse in their home, they can request that the child be removed from the home and placed in foster care. If the abuser is not close or related to the minor’s family, CPS may not get involved in the case.
When child services begin investigating a case, they send a social worker who will follow up to determine if the child was abused or shows signs of sexual abuse. At the end of the investigation, there are three possible conclusions:
- Unsubstantiated:
This means sexual abuse never occurred. - Substantiated:
This shows that sexual abuse did occur and there is evidence to prove it. - Inconclusive:
This term means child protective services did not gather enough evidence of sexual abuse. This determination does not mean abuse did not happen, only that there is insufficient proof to define it as abuse.
In cases of sexual abuse, when CPS delivers its report indicating that abuse did occur, it does not mean the person will immediately be sentenced to prison. The CPS report is just one piece that the judge will consider when making the final decision in the sexual abuse case.