Sexual abuse

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Sexual abuse (also referred to as molestation) is defined by the forcing of undesired sexual acts by one person to another or sexual activity with someone that is defined as improper such as child molestation.

Different types of sexual abuse involve non-consensual, forced physical sexual behavior such as rape or sexual assault, psychological forms of abuse, such as verbal sexual behavior or stalking, or the use of a position of trust for sexual purposes.

Types

Spousal sexual abuse

Spousal abuse is the term applied to the specific form of domestic violence, where physical or sexual abuse is perpetrated by one spouse upon another. Frequently this involves forced sex (spousal rape) upon a spouse without their consent. [1]

Sexual abuse of minors

In the majority of cultures and countries, sex is legal and acceptable only if both parties give consent. The age of consent, that is, the age at which the law presumes a person has the physical, emotional and sexual maturity to make an informed adult decision to enter into sexual activity, differs from jurisdiction to jurisdiction, from a low teenage in Italy and Spain to a mid to high teens age elsewhere, for example 16 in the United Kingdom, 17 in Ireland, 18 in India. (Some states also provide different ages of consent for homosexual boys as against heterosexual boys and girls.) Yet separately the law may specify a different age where a teenager ceases to be a child and becomes an adult. As a result, where a difference exists, it may be perfectly legal to have sex with a child where the individual, though still deemed a child in law, is above the age of consent specified in local legislation. In most cases, the age of consent and statutory rape laws aim at protecting children and teenagers from exploitation, particularly physical or psychological exploitation involving sexual behavior.

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.[1] This term includes a variety of sexual offenses, including rape, sexual molestation, or sexual exploitation. Rape occurs when an adult touches a minor for the purpose of sexual gratification; for example, rape, sodomy, and sexual penetration with an object.)[2] Sexual molestation includes 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.[3] Sexual exploitation involves an adult victimizing a minor for advancement, sexual gratification, or profit; for example, prostituting a child,[4] and creating or trafficking in child pornography.[5]

The term "pedophile" is used colloquially to refer to child sexual offenders. However, not all child sexual offenders meet the diagnostic criteria of pedophilia,[6] and not all pedophiles act on their fantasies or urges to engage in sexual activity with children. Law enforcement and legal professionals have begun to use the term predatory pedophile,[7] a phrase coined by children's attorney Andrew Vachss to refer specifically to pedophiles who engage in sexual activity with minors.[8] The term emphasizes that child sexual abuse consists of conduct chosen by the perpetrator.[9]

Legal responses to child sexual abuse

International law

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.[10] 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.[11]

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[12] 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,[13] who victimize multiple children,[14] or who stood in a position of trust with respect to their victims, such as a guardian, parent, pastor, or teacher.[15]

Effects of Sexual Abuse

Research has shown that traumatic stress, including stress caused by sexual abuse, causes notable changes in brain functioning and development. [16][17].

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;"[18] Teicher et al. (1993) found that an increased likelihood of "ictal temporal lobe epilepsy-like symptoms" in abused subjects;[19] Anderson et al. (2002) recorded abnormal transverse relaxation time in the cerebellar vermis of adults sexually abused in childhood;[20] 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;[21] and Ito et al. (1993) found increased electrophysiological abnormalities in sexually abused children. [22]

Some studies indicate that sexual or physical abuse in children can lead to the overexcitation of an undeveloped limbic system.[21] Teicher et al. (1993)[19] 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.[19][23]

A study by Gilbertson found that individuals with a smaller hippocampal volume are more disposed to the development of PTSD.[24] This is supported by studies which show that those who have shown damage also have a history of neurocognitive abnormalities.[25] McNally gave his view on the recent research into this area in his book Remembering Trauma:

Another myth debunked by recent research is the notion that elevated cortisol in PTSD has damaged the hippocampi of survivors. Not only is cortisol seldom elevated in PTSD, but smaller hippocampi in those with the disorder are best tributed to genetic factors, not traumatic stress. A smaller hippocampus may constitute a vulnerability for the disorder among those exposed to trauma.[26]

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.[27] However, other studies have found an increase in cortisol levels among victims of child sexual abuse and trauma and damage to various parts of the brain.[28][29] "Fear literally arises from the core of the brain, affecting all brain areas and their functions in rapidly expanding waves of neurchemical acticity...also important is a stress hormone called cortisol.," p. 64.

A short-term longitudinal study of hippocampal volume in thirty-seven trauma survivors by Bonne et al. found no progressive reduction of the hippocampus between 1 week and 6 months after the traumatic incident. Regarding this, they speculated that structural changes to the hippocampus may only occur if the victim's exposure to traumatization is prolonged; that it may take longer than 6 months for any change in volume to manifest; or that a change in volume may have taken place in the period between the incident and the first assessment. They also found that there was no significant difference between the hippocampal volume of survivors of trauma who developed PTSD and those who did not. Because of these findings, they concluded that "smaller hippocampal volume is not a necessary risk factor for developing PTSD and does not occur within 6 months of expressing the disorder."[30] This study did not specifically focus on child sexual abuse victims.[31]

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," which, they say, "could be a consequence of reduced corpus callosal area." 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.[32] The authors hypothesized that the development of brain regions which myelinate over decades (such as the corpus callosum and hippocampus) may be disturbed by stress, because stress hormones such as cortisol suppress the final mitosis of granule cells and thereby the production of the oligodendrocytes and Schwann cells that form the myelin sheath.[32]

Offenders

Offenders are more likely to be relatives or acquaintances of their victim than strangers.[33] 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%.[34] Studies of sexual misconduct in US schools female sex offenders have showed mixed results with rates between 4% to 43% of female offenders.[35] 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.[36]

Typology

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.[37] Groth et al. proposed a simple, dichotomous system in 1982 which classed offenders as either "regressed" or "fixated."[38] There are generally two types of offenders: regressed and fixated.

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 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.[39]

Notes

  1. ↑ The Sexual Exploitation of Children, University of Pennsylvania Center for Youth Policy Studies, U.S. National Institute of Justice, August 2001.
  2. ↑ Child Abuse Reported to the Police, Juvenile Justice Bulletin, U.S. Office of Juvenile Justice and Delinquency Prevention, May 2001.
  3. ↑ Criminal Investigation of Child Sexual Abuse, U.S. Office of Juvenile Justice and Delinquency Prevention, March 2001.
  4. ↑ Prostitution of Juveniles, U.S. Office of Juvenile Justice and Delinquency Prevention, June, 2004.
  5. ↑ Child Sexual Exploitation: Improving Investigations and Protecting Victims, Massachusetts Child Exploitation Network, U.S. Office of Juvenile Justice and Delinquency Prevention, January, 1995.
  6. ↑ 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).
  7. ↑ See, for example, State v. Frazier, 2005-Ohio-3356.
  8. ↑ See, for example, Prosecuting Child Sex Tourists at Home, Margaret A. Healy, Fordham International Law Journal, vol.18, 1995.
  9. ↑ How We Can Fight Child Abuse, Andrew Vachss, Parade Magazine, August 20, 1989.
  10. ↑ Signatories to the United Nations on the Convention of the Rights of the Child.
  11. ↑ United Nations Convention on the Rights of the Child.
  12. ↑ Child Sexual Abuse and the State, Ruby Andrew, UC Davis Law Review, vol. 39, 2006.
  13. ↑ See, for example,People v. Murphy, 19 P.3d 1129 (2001).
  14. ↑ See, for example, People v. Hammer, 69 P.3d 436 (2003)
  15. ↑ See, for example, Washington v. Grewe, 813 P.2d 1238 (1991).
  16. ↑ Developing Mind, Daniel Siegel, Guilford Press, 1999
  17. ↑ Perry, Bruce (2007). The Boy Who Was Raised As a Dog. ISBN 0465056520
  18. ↑ Ito Y, Teicher MH, Glod CA, et al: "Preliminary evidence for aberrant cortical development in abused children: a quantitative EEG study," The Journal of Neuropsychiatry and Clinical Neurosciences, 10:298–307
  19. ↑ 19.0 19.1 19.2 Teicher MH, Glod CA, Surrey J, et al: Early childhood abuse and limbic system ratings in adult psychiatric outpatients. J Neuropsychiatry Clin. Neuroscience 1993; 5:301–306
  20. ↑ Anderson CM, Teicher MH, Polcari A, et al: Abnormal T2 relaxation time in the cerebellar vermis of adults sexually abused in childhood: potential role of the vermis in stress-enhanced risk for drug abuse. Psychoneuroendocrinology 2002; 27(1-2):231-244
  21. ↑ 21.0 21.1 Teicher, Martin H. (2002). "Scars That Won't Heal: The Neurobiology of Child Abuse," Scientific American magazine.
  22. ↑ Ito Y, Teicher MH, Glod CA, et al (1993). "Increased prevalence of electrophysiological abnormalities in children with psychological, physical, and sexual abuse," The Journal of Neuropsychiatry and Clinical Neurosciences, 5:401–408
  23. ↑ Arehart-Treichel, Joan (2001). "Psychological Abuse May Cause Changes in Brain," Psychiatric News. March 2, 2001
  24. ↑ Gilbertson, M. V., Shenton, M. E., Ciszeskwi, A., Kasai, K., Lasko, N. B., Orr, S. P., and Pitman, R. K. 2002. Smaller hippocampal volume predicts pathologic vulnerability to psychological trauma, Nature Neuroscience, 5, 1242-47.
  25. ↑ Gurvits, T. V., Gilbertson, M. W., Lasko, N. B., Tarhan, A. S., Simeon, D., Macklin, M. L., Orr, S. P., and Pitman, . K. 2000. Neurological soft signs in chronic posttraumatic stress disorder. Archives of General Psychiatry, 57, 181-186.
  26. ↑ McNally, R. J. (2003). Remembering Trauma. The Belknap press of Harvard University press, p. 157
  27. ↑ King J.A., Mandansky D., King S., et al. (2001) "Early sexual abuse and low cortisol." Psychiatry and Clinical Neurosciences 55:71–4
  28. ↑ Developing Mind, Daniel Siegel, Guilford Press, 1999, p. 11, 248.
  29. ↑ Perry, Bruce (2007). The Boy Who Was Raised As a Dog., pg. 64, ISBN 0465056520
  30. ↑ Quoted from the abstract of Bonne et al. (2001), p.2148
  31. ↑ O. Bonne, D. Brandes, A. Gilboa, J.M. Gomori, M.E. Shenton, R.K. Pitman et al. (2001). "Longitudinal MRI study of hippocampal volume in trauma survivors with PTSD," Am J Psychiatry; 158:1248–1251
  32. ↑ 32.0 32.1 Navalta, Carryl P., et al. (2006). "Effects of Childhood Sexual Abuse on Neuropsychological and Cognitive Function in College Women," The Journal of Neuropsychiatry and Clinical Neurosciences, 18:45-53
  33. ↑ 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.
  34. ↑ 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.
  35. ↑ Shakeshaft, C, "Educator Sexual Misconduct: A Synthesis of the Literature," U.S. Department of Education, 2004, p25.
  36. ↑ Shakeshaft, C, "Educator Sexual Misconduct: A Synthesis of the Literature," U.S. Department of Education, 2004, p24-25.
  37. ↑ Terry, Karen J., and Tallon, Jennifer. "Child Sexual Abuse: A Review of the Literature."
  38. ↑ 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.
  39. ↑ 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.

References
ISBN links support NWE through referral fees

  • Aba, C. (1992). Sexual Assaults on Students. London: Harper and Row.
  • Billie Wright Dzeich and Linda Weiner, 1984 (2nd ed. 1990). The Lecherous Professor: Sexual Harassment on Campus. Boston: Beacon Press.
  • Doris Van Stone, (1990). No Place to Cry: The Hurt and Healing of Sexual Abuse. Moody Publishers.
  • Jeffrey Moussaieff Masson: The Assault on Truth: Freud's Suppression of the Seduction Theory (1984) ISBN 0-374-10642-8, (2003 Ballantine Books, ISBN 0345452798)
  • Renvoizé, Jean (1982). Incest: A Family Pattern, London: Routledge & Kegan Paul. ISBN 0-71009-073-0.
  • Sorenson,Susan B. (1997). Violence and Sexual Abuse at Home: Current Issues in Spousal Battering and Child Maltreatment, New York: Haworth Press. ISBN 1-56024-681-2.

External links

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