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MEDICAL-LEGAL AND SOCIETAL PROBLEMS INVOLVING CHILDREN CHILD PROSTITUTION, CHILD PORNOGRAPHY AND DRUG-RELATED ABUSE - RECOMMENDED LEGISLATION

NCJ Number
59366
Author(s)
J DENSEN-GERBER; S F HUTCHINSON
Date Published
1978
Length
34 pages
Annotation
DISCUSSIONS ON EXPLOITATIVE ABUSE AND NEGLECT OF CHILDREN INCLUDE CHILD PROSTITUTION AND PORNOGRAPHY, AND CASE HISTORIES OF INTRAFAMILIAL SEXUAL ABUSE. AMELIORATIVE LEGISLATION IS PRESENTED.
Abstract
EXPLOITATIVE ABUSE AND NEGLECT OF CHILDREN IS DEFINED AS PHYSICAL OR EMOTIONAL HARM TO A CHILD ARISING FROM (1) USE OF THE CHILD BY THE PARENT OR SOMEONE IN LOCUS PARENTIS FOR HIS OR HER OWN SEXUAL NEEDS; (2) THE USE OF THE CHILD IN EXPLICIT SEXUAL PERFORMANCES, FOR PROSTITUTION, SEXUAL EXHIBITION, OR PRODUCING PORNOGRAPHIC MATERIALS; AND (3) MALTREATMENT OF THE CHILD BY A DRUG- OR ALCOHOL-ADDICTED PARENT. IN THE CASE OF CHILD PROSTITUTION, THERE IS A MINIMUM OF 300,000 ACTIVE BOY PROSTITUTES UNDER THE AGE OF 16 IN THE UNITED STATES AND AT LEAST AS MANY GIRLS; REASONS FOR THIS SITUATION, THE PSYCHOLOGICAL, EMOTIONAL, AND PHYSICAL DAMAGE SUFFERED BY THESE CHILDREN, AND SOME CHILDREN INVOLVED IN 'KIDDIE PORN.' EACH MONTH, THERE ARE AT LEAST 264 DIFFERENT MAGAZINES BEING PRODUCED AND SOLD IN ADULT BOOKSTORES THAT DEAL WITH SEXUAL ACTS BETWEEN CHILDREN OR BETWEEN CHILDREN AND ADULTS. EVIDENCE SHOWS SIMILAR PSYCHOLOGICAL SCARRING BETWEEN CHILD PORN AND INCEST VICTIMS. SINCE EARLY 1978, MORE THAN 30 STATE LEGISLATURES HAVE INTRODUCED OR PASSED CHILD PORN LEGISLATION. CONGRESS ALSO HAS COMPLETED WORK ON A FEDERAL STATUTE DEALING WITH THIS ISSUE. THE APPLICATION OF CHILD PROTECTION LAWS IS EVALUATED IN REGARD TO SEVERAL CASE HISTORIES OF INTRAFAMILIAL SEXUAL ABUSE, SHOWING THAT (1) A COMPREHENSIVE AUTOMATIC CHILD CARE DELIVERY SYSTEM SIMILAR TO THOSE OPERATING IN MANY WESTERN EUROPEAN COUNTRIES SHOULD BE DEVELOPED TO REPLACE THE CURRENT SYSTEM; (2) PERSONS MANDATED TO REPORT SUSPECTED CASES OF CHILD ABUSE FAIL TO DO SO--STRONGER PENALTIES FOR NONREPORTING ARE REQUIRED, SUCH AS LOSS OF PROFESSIONAL LICENSING; AND (3) PROVISIONS SHOULD BE STRENGTHENED TO ALLOW A PHYSICIAN WITHOUT A PREVIOUS COURT ORDER TO DETAIN A CHILD WHOM HE BELIEVES WILL BE HARMED IF RETURNED TO THE HOME. IN CONCLUSION, ALL CHILD PROTECTIVE SYSTEMS SHOULD OPERATE ON THE PRESUMPTION THAT A CAUSATIVE RELATIONSHIP EXISTS BETWEEN A PARENT OR GUARDIAN WHO IS A SUBSTANCE-ABUSER AND THE LIKELIHOOD THAT A PARENT OR GUARDIAN WILL BE A CHILD ABUSER. IT IS ASSERTED THAT CHILDREN'S NEEDS MUST BECOME A PRIORITY CONCERN OF THE GOVERNMENT AT THE CABINET LEVEL. REFERENCES ARE PROVIDED. (PRG)