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Chapter 15


Child Victimization


Abstract: This chapter will provide an overview of child victimization, its effects, and the need for services and program strategies critical to help the child and his or her family in recovery. This chapter is presented in two sections. Section One addresses the broad scope of child victimization and its effects; emotional and communicative levels of children based upon age; and appropriate responses for general support services. Section Two focuses on providing support and services to child victims and witnesses if they are required to participate in the criminal justice process.


Learning Objectives: Upon completion of this chapter, students will understand the following concepts:

1. The types of child abuse and neglect most commonly reported.

2. The emotional consequences of children who witness or experience victimization.

3. The need for specialized communication skills when working with child victims.

4. Appropriate curricula, materials and resources to better prepare child victims/witnesses for court.

Statistical Overview

• In 1994, an estimated 1,271 children died as a result of abuse or neglect. (Wiese, David and Deborah Daro, 1995, "Current Trends in Child Abuse Reporting and Fatalities: The Results of the 1994 Annual Fifty State Survey," National Committee to Prevent Child Abuse, Chicago, IL)
• Approximately 3,140,000 cases of child maltreatment were reported to child protective services in 1994. Of these cases, 45 percent involved neglect; 26 percent involved physical abuse; 11 percent involved sexual abuse, three percent involved emotional maltreatment, and 15 percent involved "other." Each state averaged a 4.5 percent increase over 1993 figures. (Ibid.)
• Twelve percent of adult Americans report that they were physically abused during their childhood, which includes 13 percent of males and 10 percent of females. (Bureau of Justice Statistics, 1995, Sourcebook of Criminal Justice Statistics 1994, page 239, U.S. Department of Justice, Washington, D.C.)
• More than six out of ten rape victims were sexually assaulted prior to adulthood; 32.3 percent were raped between the ages of 11 and 17, with 29.3 percent raped when they were less than 11 years old (Kilpatrick, Edmunds, and Seymour, 1992).
• Half of the women who reported they had been raped during 1992 were juveniles under 18 years old, and 16 percent were younger than 12, according to a U.S. Department of Justice study of 11 states and Washington, D.C. (Langan, Ph.D., Patrick and Caroline Wolf Harlow, Ph.D., 1994, "Child Rape Victims, 1992," p.1, Bureau of Justice Statistics, U.S. Department of Justice, Washington, D.C.)
• Most child victims under 12 (94 percent), as reported by imprisoned rapists, were family members (70 percent) or an acquaintance or friend (24 percent); only six percent were strangers. For child rape victims ages 12 to 17, 36 percent were family members of the rapist, 45 percent were an acquaintance or friend, and 19 percent were strangers. (Ibid., p.2)
• In a survey of 2,000 children aged 10 to 16, three times as many respondents were concerned about the likelihood of being beaten up by peers as were concerned about being sexually abused. (Finkelhor, David and Jennifer Dzuiba-Leatherman, "Victimization Prevention Programs: A National Survey of Children's Exposure and Reactions," Child Abuse and Neglect, as reported in American Psychologist Victimization of Children," March 1994)
• In 1992, there were nearly 1.9 million reports received and referred for investigation on approximately 2.9 million children who were alleged victims of abuse and neglect. The maltreatment of nearly one million children was substantiated (U.S. Department of Health and Human Services [HHS], 1994, pp.9-10).
• Of substantiated cases of child abuse, nearly half of the victims suffered neglect, 23 percent suffered physical abuse, 14 percent were victims of sexual abuse, five percent were victims of emotional maltreatment, and three percent suffered medical neglect. Nine percent were victims of other types of maltreatment (HHS, 1994).
• The rate of child abuse has increased 331 percent since 1976 (HHS, 1994).
• Homicide is one of the five leading causes of child mortality in the United States (Goetting, 1990).

Section One: General Overview of Child Victimization

"So long as little children are allowed to suffer,
there is no true love in the world" (Isadora Duncan).

Introduction

Every day in America, children are victimized. They are beaten, sexually abused, murdered, and neglected by strangers, friends and family members. Children not targeted for physical acts of victimization are often victimized by emotional neglect or abuse, or by witnessing the murder, rape or robbery of family members and friends. Their childhoods are seemingly stolen from them as they are forced to deal with emotions, fears and losses that adults often find hard to face. In working with child victims, either as victims or witnesses, it is important to remember that:

• Children experience emotional reactions the same as adults and experience post-traumatic stress disorder.
• Children are often more traumatized than adults when a casual acquaintance is victimized.
• Trauma in children can take years to manifest.
• Children's traumatic reactions cannot be prevented but can be minimized when assistance is provided as soon as possible.
• Delay should not occur because the caregiver, service provider or support person feels the child is "too young" to understand.
• Professionals must educate and arm themselves with an understanding of the problem; training to implement "cutting-edge" programs and strategies; and information and resources designed to meet the emerging needs of child victims and their families.

Historical Overview Of Child Maltreatment
and Enactment Of Laws Protecting Children

Maltreatment of children is deeply entwined with historical values and perspectives. The concept of child maltreatment has been defined and redefined throughout history. Society has slowly evolved from viewing children as property, subject to the whims of the family and society, to at least recognizing that children may have rights of their own (Tower, 1993).

Throughout history, children have been seen as the property of their parents. They have been abused, maimed or killed by their parents with no legal consequences. They have been sold or loaned into a life of indentured labor and abandoned on doorsteps with no guarantee for care. For centuries, infanticide was an accepted means for ridding the mother or the family of an unwanted burden. Parents were not held legally responsible to provide food, clothing or shelter for children.

Many children were forced through cultural or economic factors to assume adult roles while they were still very young. Physical punishment of children has long been encouraged through religious and societal forces.

Reforms for child protection have been slow. Long lasting reforms were not seen in America until the end of the 1800s. Settlement houses ensuring food and shelter for children were opened, tentative labor laws protecting children were enacted, social service agencies began to emerge and in 1875, the Society for the Prevention of Cruelty to Children (SPCC) was formed.

It was through the direct efforts of the SPCC that issues surrounding children and their right to protection began to take hold. In 1912, the White House formed the Children's Bureau to oversee the welfare of the nation's children. The Children's Welfare League was established in 1915 and, in 1930, the Social Security Act was amended to mandate child welfare and protective services.

The late 1950s and early 1960s served as a pivotal point in child physical safety when the issue of child physical abuse surfaced. Until this time, it was generally accepted that a parent had the right to discipline a child as he or she saw fit. In 1972, the National Center for the Prevention of Child Abuse was established and in 1973, the federal government saw a need to become involved in the issue. In 1974, The Child Abuse Prevention and Treatment Act was enacted by Congress to provide government funding of the National Center on Child Abuse and Neglect. For the first time, federal assistance was given to studying and identifying the problem of child abuse and neglect.

Oversight for the Center was placed with the Department of Health, Education and Welfare. Since the Act's passage, numerous other legislative packages have been enacted by all states in the detection, reporting and treatment of child abuse including Victims of Crime Act funding, through the Children's Justice Act Amendments of 1986. Funding has also become more readily available for the continued study of child abuse and neglect. Many national, state and local organizations have been established to aid in the education of protective services professionals and detection and the delivery of services to America's child victims.

Types Of Child Victimization

There are five categories of child abuse and neglect. These categories are:

1. Physical abuse
2. Emotional abuse and neglect
3. Neglect
4. Sexual abuse
5. Exploitation

In some cases, all five forms of abuse occur, while in some instances only one form of abuse occurs. Abuse of children knows no bias. It is found in rich families as well as poor. It is practiced by both educated and uneducated citizens. It knows no race, cultural or religious boundaries. It is found in all cities, communities and rural environments. Child abuse is committed by family members, community leaders, acquaintances and strangers. And unfortunately, it does not discriminate against its victims. Victims of child abuse can be of either gender and of any age. It is an insidious crime that affects the entire nation but, most importantly, it often destroys the lives of its victims.

(Portions of the following five sections concerning forms of child abuse excerpted from For kids sake: A child abuse prevention and reporting kit. Oklahoma State Department of Health, Office of Child Abuse Prevention, Guidance Services.)

Physical Abuse

Physical abuse is most often classified as the non-accidental injury of a child under the age of 18 by a parent or caretaker. Non-accidental injuries may include beatings, shaking, burning, immersion in scathing water, broken bones, internal injuries, human bites, cuts, and bruising or other injuries inflicted on children. Physical abuse occurs when the parent or caregiver willfully injures, causes or allows the child to be injured, tortured, or maimed, or when unreasonable force is used upon a child. Abuse may also result from over discipline or from punishments that are too severe. Physical abuse of children is rarely a singular incident but an action that is repeated over and over. Physical abuse can result in the permanent damage, scarring or death of children.

In many states, parents and care givers do not have to physically abuse the child to be guilty of physical child abuse. In these states, statutes permit parents to be charged with child physical abuse if they have knowledge of, but fail to protect the child from physical abuse from others, i.e., grandparents, boyfriends, spouses, etc.

Indicators of Physical Abuse

Physical indicators of physical abuse may include:

• Unexplained bruises and welts, in areas deemed to be atypical in location of "normal" childhood bumps and bangs. These areas often include the face, torso, buttocks, back or thighs.
• Reflect the shape of the object used to inflict injury: hand imprints, electrical cord markings, belt buckle, iron or cigarette marks, etc.
• Bruises/cuts/lacerations in various stages of healing.
• Unexplained fractures/dislocations in various states of healing and explanations that do not correspond to the location or severity of the injury. These injuries may be to the facial structure, skull and/or bones around joints.
• Unexplained burns on the palms, soles of feet, buttocks and/or back.

Behavioral indicators displayed by children may include:

• Requests for or feels deserving of punishment.
• Fear of going home. Frequently requests to remain at a friend's house, day care, and/or school long after it is appropriate.
• Fear of a specific individual. Displays inappropriate behavior when in the presence of abusing individual(s) such as unwarranted crying, temper tantrums, begging to leave or not to be left alone with individual(s).
• Suggests other children be punished in a harsh manner.
• Demonstrates overly aggressive behavior with peers such as striking, pushing or shoving. Behavior to the other extreme may include excessive withdrawal from peers and/or family members.
• Reports injury by parent.
• Gives unbelievable explanations for injuries.

Child Trauma Reaction to Physical Abuse

The abusing parent will often cast blame for the abuse at the child. The child may feel that he or she is bad and deserves the abuse. Some children only know family interactions through violence. To these children, they may feel that the physical abuse equates with love from the adult role model. Many children of physical abuse tend to project an air of timidness or shyness. He or she may physically cower at any sign of confrontation, or may become overly aggressive with friends, siblings or peers.

Child Neglect

Neglect is defined as the chronic failure of a parent or caretaker to provide a child under the age of 18 with basic needs such as food, clothing, shelter, medical care, educational opportunity, protection and supervision. It is estimated that the incidence of child neglect in the United States may be as much as five times greater than that of physical abuse. Reasons for neglect, in addition to the most obvious of a determined, willful act on the part of a parent or care giver, can include: poverty, lack of education, cultural beliefs and customs, mental or emotional illness, and/or a lack of socialization skills on the part of the parent.

Indications of Neglect

Physical indicators may include:

• Height and weight significantly below age level average.
• Inappropriate clothing for weather conditions.
• Poor hygiene and/or untreated illnesses or dental needs.
• Inadequate supervision.
• Lack of a safe, warm sanitary shelter.

Behavioral indicators of neglect may manifest as:

• Begging or stealing food.
• Lethargic, chronic fatigue.
• Poor school attendance, frequent tardiness and unprepared with homework assignments or school supplies.
• Chronic hunger.
• Dull, apathetic appearance.
• Running away from home or school.

Assumes primary adult responsibilities such as in the care of younger children and reports no adult oversight in the home.

• Emergence of juvenile acts of vandalism or shoplifting, especially of items such as food, shampoo, soap, underwear and other hygienic or basic needs.

Child Trauma Reaction to Neglect

Children may mimic inappropriate behavioral characteristics of older children in the neighborhood due to lack of supervision; have poor self-esteem due to lack of parental support; have inappropriate societal values due to lack of parental involvement; and harbor deep embarrassment of his/or her family's financial circumstances and/or lifestyle around peers.

Emotional Abuse

There are two forms of child emotional maltreatment recognized by mental health professionals -- emotional abuse and emotional neglect. Emotional neglect is the consistent failure of a parent or caretaker to provide a child with appropriate support, attention and affection. Emotional abuse is a chronic pattern of behaviors in which the child is belittled, humiliated or ridiculed. Both forms of maltreatment will most often result in the impaired psychological growth and the development of the child. It is estimated that about one million cases of emotional abuse occur each year. Typically, emotional abuse will be coupled with other forms of abuse, but can and does occur as the only form.

Examples of emotional abuse may include:

• Using the child as a scapegoat when things go wrong.
• Blaming the child for things in which he or she has little or no control.
• Constantly telling the child he or she is worthless, stupid or an embarrassment to the family.
• Criticizing the child for behaviors that are developmentally normal;
• Withholding love or affection to achieve a desired behavior.
• Engages in bizarre acts of torture or torment, such as locking the child in a closet.
• Imposing extreme forms of punishments.

Treating the child differently from other children in the household.

Emotional abuse may be suspected when a child exhibits a combination of impaired development, destructive behavior or chronic complaints that cannot be explained medically or circumstantially. It should be noted, however, that careful elimination of medical, genetic or learning disorders should be made prior to acting upon suspicions or taking action for emotional abuse. The indicators for emotional abuse can mimic many medical or emotional conditions other than emotional abuse; therefore, confirming identification is extremely difficult.

Indicators of Emotional Abuse

Physical indicators for emotional abuse may include:

• Eating disorders.
• Sleep disturbances and/or chronic nightmares.
• Wetting or soiling of bed clothing or clothing by school-aged children.
• Speech disorders such as stuttering.
• Failure to thrive in infants.
• Physical illnesses such as asthma, ulcers or severe allergies.
• Developmental lags such as delayed verbal or motor skills.

Behavioral indicators may include:

• Rocking, head banging or thumb sucking in older children.
• Poor peer or familial relationships.
• Self-destructive behavior.
• Chronic academic underachievement.
• Irrational and persistent fears, dreads or hatreds, demanding or overly aggressive behavioral extremes.

Child Reactions to Emotional Abuse

Children who are subjected to emotional abuse may feel unworthy. Children may:

• Feel unloved or unlovable;
• Present symptoms of severe depression and withdrawal;
• Be a loner with peers or in family settings; and/or
• Feel that they make no significant contributions to the family and life in general.

On the opposite extreme, emotionally neglected children may act out in socially unacceptable behavior -- "If I'm going to be punished, I might as well be guilty of the crime."

Sexual Abuse

Child sexual abuse is the exploitation of a child or adolescent for the sexual and control gratification of another person. It includes acts such as vaginal and/or anal digital or penile penetration, oral-genital stimulation, fondling, exhibitionism, voyeurism, verbal stimulation, and/or the involvement of a child in prostitution or the production of pornography. Sexual abuse of children is perpetrated by family members, trusted family friends and acquaintances, child-related, community program personnel, day care workers and other paid caregivers, and strangers. Child sexual abuse is practiced across all ages, races, religious, cultural and socio-economic classes of people.

The real tragedy of child sexual abuse is that children often tend not to disclose it when it first happens, and the abuse can continue over and over, sometimes for many years.

• It is estimated that 150,000 confirmed cases of child sexual abuse were reported in 1993 (Finkelhor, 1994).

As shocking as these figures are, research points to the sad conclusion that only a small fraction of sexual abuse cases are reported.

• Disclosure of sexual abuse occurs several ways: the child simply tells; a crisis happens paving the way for disclosure such as the disclosure of other children concerning sexual abuse; statements made by children about themselves such as "I hate myself" or "I am very, very bad;" or disclosure is made in times of anger. However, disclosure will most often be made by less obvious means -- known as "unmasking."

"Unmasking" is the accidental discovery of sexual abuse by physical or emotional indicators. These indicators may include finding bloodstains in underwear, physical exams unrelated to the abuse but in which indications of abuse are found, and by emotional counseling. For example, older male victims of sexual abuse will tend to not disclose sexual abuse out of a sense of deep embarrassment and shame. Most often, cases will be identified by "masked" sources such as medical care. Male victims will most often have been sexually abused by oral-genital (reciprocal or individually directed), anal penetration (digital, penile or foreign object) and masturbation (reciprocal or individually directed).

Fabrication of Sexual Abuse

Fabricated reports of sexual abuse do occur and some highly publicized cases that resulted in acquittals have given rise to questioning the credibility of child reporting of sexual abuse. It is estimated that reports that are knowingly false occur in less than 10% of reported cases (Besharov, 1988). In addition, some number of cases appear to involve mistakenly false allegations due to incorrect memories of events and, it seems issues regarding "implanted memories" of abuse. At this time, there are no good estimates regarding this additional proportion of false allegations.

While most children don't fabricate tales of sexual abuse, it must be noted that some have and will continue to do so. The child protective service professional should not allow the possibility of a false allegation or false memory to prevent a thorough investigation of the report. Each case must be considered on its own merits, with a fair determination based upon an unbiased evaluation of the evidence gathered without a predetermined conclusion.

Sexual Abuse -- the Perpetrator

Sexual abuse perpetrators can be classified in three categories:

• Family
• Acquaintances
• Strangers

Intrafamilial Sexual Abuse

Sexual abuse is committed most often by individuals known to the child. In cases involving incest, the abuser is a blood relative who is part of the nuclear family. It may also include a surrogate parent, i.e. live-in boyfriend, step-parent or older sibling. Female perpetrators are known to exist but reporting of such abuse has been rare -- most probably resulting in an underestimation of its frequency.

In cases of intrafamilial abuse, the family is most likely to be dysfunctional in other areas as well. The mother may play a very weak role in the family structure, therefore allowing the abuse to happen through ignorance, apathy or jealousy. The abuser may feel the mother has failed in her obligations as a wife, sexual partner and friend. The abuse of the child may be one way to punish the mother. The family may be plagued by alcohol or other substance abuse as well.

Acquaintance Perpetrators

Acquaintance perpetrators include such persons as family friends, neighbors, teachers, coaches, religious leaders, peers and others. Acquaintance perpetrators normally will win the confidence of the child through his or her affiliation with the family or community. These acquaintances may command positions of respect due to positions in community affairs, i.e., church, civic and business affiliations. Acquaintance perpetrators are more often likely to use threats of intimidation and/or fear against the child once sexual abuse has occurred. Male child victims comprise a high percentage of sexual abuse by acquaintance perpetrators, although it is believed that actual cases are severely underestimated.

Acquaintance perpetrators may use gifts or financial incentives to "win" the child over. They tend to prey on children they know are experiencing home, school or personal problems, or children with low self-esteem or confidence. They also prey on children they know to be unsupervised or neglected.

There is a marked increase in the number of juvenile perpetrators committing sexual abuse. In recent years, attention has focused on the identification and treatment of juvenile sex offenders. According to the National Task Force on Juvenile Sexual Offending, in 1993 approximately 20-25% of the sexual abuse of girls and 50% of the sexual abuse of boys are perpetrated by adolescents (Besharov, 1988).

Stranger Sexual Abuse

Stranger sexual abuse is by far the most publicized form of child sexual abuse, but is also committed less than sexual abuse by family members or acquaintances. Stranger sexual abuse comprises only 10% of all reported cases of sexual abuse. Some perpetrators of stranger abuse are labeled as pedophiles (although pedophiles are found in all three classifications). The term pedophilia is used to describe individuals who have a sexual preference for children. Pedophiles may display obsessive-compulsive behavior patterns, and assume increased risks to sexually assault children (Finkelhor, 1994).

Stranger perpetrators are almost always male and often prey on male child victims. Most stranger perpetrators deny homosexual tendencies. There is no evidence that perpetrators choose child victims based on race, but there is a correlation to increased victimization of children of lower socio-economic groups. Some pedophiles specifically marry women with children so that the risks of sex with children are minimized and protected under the veil of "normalcy;" therefore, cases of incest may include factors of pedophilia (Tower, 1992).

Indicators of Sexual Abuse

Physical indicators of sexual abuse may include:

• Physical complaints of pain or irritation of the genital area.
• Appearance of sexually transmitted disease(s).
• Pregnancy in young adolescents.
• Frequent, unexplained sore throats, yeast or urinary tract infections.

Behavioral indicators may include:

• Excessive masturbation in young children.
• Inappropriate physical or verbal displays of sexually terms or acts in young children.
• Depression, suicidal gestures.
• Frequent psychosomatic complaints, such as headaches, backaches, stomach aches.
• Withdrawal from friends, family members and/or normal activities.
• Avoidance of undressing or wearing of extra layers of clothing.
• Avoidance of normal physical interaction with family member such as hugs or kisses.
• Avoidance of certain familiar adults or places.
• Decline in school grades or participation in after school activities.
• Inappropriate "acting out" of sexual behavior or dress.
• Chronic runaways.

There are a number of reasons that children may not report sexual abuse:

• Shame or guilt. Often by the time the child realizes something is wrong, the abuse may have occurred many times over and children unknowingly or wrongfully take ownership of allowing it to happen.
• The offender is often known and loved by the child -- parent, sibling, other family, or a trusted family friend. There may be a loyalty to the offender.
• Children may be too young to verbally or physically articulate facts surrounding the abuse; lack knowledge of terms to describe event(s); or may be embarrassed of the terminology used in describing sexual acts.
• Offender will often threaten the child that no one will believe him or her, or may threaten to hurt or kill other family members.
• Perhaps most important, societal norms often keep children from disclosing sexual abuse. Society has silenced the discussion of sexual behavior, thus, making it almost taboo to discuss with certain age groups of children.

Child Trauma Reactions to Sexual Abuse

Children who are sexually abused experience physiological and emotional reactions. Older children may be overcome with feelings of shame or guilt. The abuser may have, over a period of time, convinced the child that he or she is to blame. The child may not feel that he or she will be believed and, if believed, fear the withdrawal of family affection. Some children may feel that if friends find out about the abuse, they will be held accountable and the friendship will end. The child may experience low or no self esteem in not being able to stop the abuse. The child may also fear that disclosure will cause harm to other family members.

Once disclosure is made, the child may retreat from family members and school friends. He or she may consider suicide because of feelings of no self-worth -- feeling soiled or defiled. On the opposite extreme, the child may experience intense anger and physical and emotional acting out. The child may blame the non-offending parent, in cases of interfamilial abuse, or parents, in cases of non-interfamilial abuse, for failing to protect them. Older children may reenact sexual abuse by engaging in inappropriate sexual behavior, sexually abusing other children, becoming sexual active, and/or using vulgar language.

Younger children may become distrustful and overly fearful of strangers or family members. They may regress in development, i.e, quit talking, feeding or dressing themselves. Nightmares, sleep and appetite disturbances are common. Male victims of sexual abuse are more likely to aggressively act out. They will have more concerns about sexual identity and fear of sexual orientation. Males tend to be more "embarrassed" than girls by the abuse, thereby causing them to suffer silently (Besharov, 1988; Finkelhor, 1994)

Missing and Exploited Children

There is a fifth, and much underserved, form of child victimization -- exploitation of missing, run-away, "throw-away" or abducted children. In 1990, the U.S. Department of Justice released the following figures highlighting the seriousness of the problem.

• 114,600 attempted abductions by non-family members were reported.
• 4,600 abductions by non-family members were reported.
• 300 abductions by non-family members where the child(ren) were found murdered.
• 354,000 children abducted by family members.
• 450,700 children who ran away.
• 127,100 children who were "thrown-away" or ordered to leave by family members.
• 438,200 children who were lost, injured or otherwise missing (Finkelhor, Hotaling and Selak, 1990).

Children, who for whatever reasons live on America's streets, are prime targets for criminal victimization and exploitation. They are often targeted by sex offenders due to their age, lack of maturity and lack of financial security. Boys and girls alike are targeted. Many children become dependent on those who prey on them for survival. They may be indentured to act as prostitutes, participate in child pornography rings, and/or commit crimes such as selling or distributing controlled substances. Some victims fall prey to serial molesters and child killers.

Societal views of runaway youth have not been overly sympathetic. Many persons feel that if a child runs away from home, he or she deserves the victimization. What is not often recognized is that many of these children run to escape physical, sexual, and emotional abuse at home. They are forced out of the home when they refuse to continue to participate in interfamilial sexual abuse. For many children, life can "only be better" on the street. Regardless of the reasons that children find themselves on the street, they are deserving of support and services. In response to this philosophy, the federal government has enacted numerous pieces of legislation to protect our nation's missing and exploited youth.

Parents commit crimes against their children when they kidnap them from custodial parents. Although some claim they are taking the child to protect him or her from further abuse, many take their children out of anger at custodial arrangements (often ordered by courts). These children are placed at great risk for harm, both physically and emotionally. A lack of finances to fund abduction living circumstances and a constant change in living conditions can and do leave children emotionally scarred. Many children are further abused emotionally by their parental abductors by being told that the custodial parent is dead or does not want the child.
Abduction by strangers is somewhat rare; however, when it occurs, the child's chance for survival is significantly lowered. Of these children, many are taken by pedophiles or serial child molesters to satisfy their sexual needs. Once the need is satisfied, the child may be killed to ensure the anonymity of the abductor. Many of these children are often tortured prior to death.

(Portions of the preceding section excerpted from a National Victim Center grant project, funded by the Office for Juvenile Justice Delinquency and Prevention Programs, 1992-1994.)

Reporting Requirements for Child Abuse and Neglect

Most states and the federal government have enacted laws, and specified professionals who are mandated to report child abuse and neglect. These mandated reporters are individuals who, in their professional relationship with the child and family, may encounter child maltreatment. Some states are more specific in delineating those mandated to report abuse, but most states do include: physicians, other medical professionals, counselors, social workers and school personnel. In addition to delineating who must report, most states provide language that addresses the following:

• To whom the report should be made: Departments of social services, child welfare, family service or agencies of public welfare are usually designated to receive such reports. Some states indicate a report to the law enforcement community is necessary as well.
• Under what conditions a mandated reporter must report: States normally mandate the reporting of child abuse or neglect when there is a suspicion of, reasonable cause to believe or reasonable cause to suspect abuse or neglect.
• Time period in which the report must be investigated by social services or another designated agency: States vary in their time requirements to investigate suspected cases, but time periods normally range from two hours to 30 days.
• Type of action to be taken if mandated reporters fail to report: All states, with the exception of one, include some form of penalty for non-reporting of suspected cases of child abuse or neglect. Such disciplinary actions may include a fine and/or imprisonment or the reporter can be charged with a misdemeanor. These penalties do not include agency or licensing sanctions, which are determined on a state-by-state basis.
• Type of immunity provided mandated reporters who make a report: All states allow some form of immunity from civil or criminal actions for good faith efforts.

Not all cases of abuse or neglect are detected by those mandated to report them. In fact, the largest numbers of reporting come from private citizens who witness, hear or suspect abuse or neglect. These interested parties may include other family members, neighbors, parents of childhood friends and other concerned citizens. However, several factors may curtail the reporting of abuse or neglect by private citizens:

• Lack of knowledge of who to call.
• Lack of knowledge of confidentiality laws of anonymous reporters.
• A desire to not become involved in the "personal matters" of others.

Despite the risks of accepting reports of abuse from non-professionals and anonymous reporters, i.e., false reports, refusal to serve as recognized witnesses if the case is proven to be criminal in nature; lack of full disclosure could put the alleged abused child in greater risk, most agencies take such reports seriously and do investigate such reports. (Many agencies and most states do not have specific mandates or policies regarding the investigation of child abuse/neglect reports through an anonymous tip.) (Tower, 1993, p. 234)

Creating a Multidisciplinary Approach to Child Abuse and Neglect

Verifying reports and determining appropriate actions and case management plans in cases of suspected physical, neglect, emotional and sexual abuse or neglect will normally involve several community, state or criminal justice agencies. While the ultimate goal of each agency is to protect the child, each agency operates with different policies, procedures and goals.

With so many agencies involved, there is a high probability of duplication or overlapping of protocol, services and procedures. To reduce the possibility of such duplication, many states have incorporated a multi-disciplinary team approach to:

• Share information, expertise, and experiences.
• Determine the need for intervention and to coordinate the best approach for action.
• Assess risk factors for child.
• Determine service needs.
• Determine the child's ability to participate in the process.
• Ease the trauma of the child's participation in the process through the reduction of multiple interviews, exams and the number of protective and criminal justice personnel the child and/or family members must interact with.

Most multi-disciplinary teams include representatives from social services, law enforcement, victim/witness assistance, child protective services, prosecution, physicians and/or nurses, and mental health services. Some jurisdictions also include guardian ad litems, teachers, community-based service organizations or other advocates appropriate to the individual case.

To determine if allegations or reports of child abuse or neglect are founded, the following formal procedures are normally conducted:

• Investigations (conducted either jointly or individually through law enforcement or child protective service agency) that include: record checks of previous criminal offenses or previous child protective services reports involving charges or allegations of alleged child abuse, familial, or spousal abuse, substance abuse, or other behaviors increasing the likelihood of child abuse and neglect; interviews with the alleged offender(s), and where appropriate, other family members, neighbors, school teachers, medical personnel and where appropriate, the alleged victim either in or out of the presence of the parent/caretaker. Home visits are often conducted to determine if conditions of neglect exist such as in unsanitary conditions, lack of food or electrical service, heat, etc. Physical inspection of the child or other children in the home may be performed to determine additional signs of abuse or neglect; observing family dynamics and interactions may provide an additional indicator of abuse and neglect.
• Medical assessment to determine: evidence of child physical or sexual abuse or neglect (as previously highlighted in this chapter).
• Mental health assessment to determine: evidence of emotional abuse or neglect as previously highlighted in this chapter
• Criminal justice intervention to determine: the need for emergency removal of the child to foster or other forms of temporary placement to ensure the child's immediate safety, long-term placement options for child placement and custody; possible criminal or civil actions and/or the appointment legal representation (guardian ad litem) to protect the child's legal interest. Key players include prosecutors, judges and, if not included in the initial investigation, law enforcement personnel. Some judicial jurisdictions now include Court Appointed Special Advocates (CASAs) in the investigation and monitoring of child abuse and neglect cases. They most often assist the Family or Juvenile Court judge in collecting information specifically surrounding the child and advocate solely in the best interest of the child. More and more, these highly-trained volunteers are being incorporated on multi-disciplinary teams.

It must be noted that while the information within this chapter most often deals with child abuse and neglect perpetrated by family members, other individuals can and do commit these same acts against children. These individuals may include: teachers, clergy, institutional or paid caregivers, etc. They, however, are not the focus of this chapter but are mentioned to alert the reader that cases such as these exist. Because specific laws have been enacted to address maltreatment of children by these professionals, these individuals will often be charged with criminal or civil violations. The primary investigator will normally be a law enforcement agency and not child protective services.

Promising Practices

Establishing Child Abuse and Neglect Multi-disciplinary Teams

• Include a representative of all key agencies interacting with children in reported cases of abuse or neglect. At a minimum, this panel should include: a physician and representatives from child protective services, law enforcement, mental health, and criminal justice -- to include a prosecutor and victim advocate. At best, the panel will also include a guardian ad litem, and a child service community-based program representative. Consider having an alternating panel with expertise specific to the type of abuse, i.e, physical, emotional, sexual or neglect.
• The development of specialized, "vertical" investigative and prosecutorial units that deal only with child abuse and neglect cases.
• The development of a specialized victim assistance unit to work with children and families who experience abuse and neglect.
• The development of explicit interagency agreements delineating agency roles and responsibilities to include the referral and "hand-off" of cases to agencies within the agreement.
• The identification of allied professionals in specialized fields and disciplines relating to highly sensitive child abuse, neglect or criminal actions and, where appropriate, the involvement of these professionals on the team. An example would include a mental health professional or investigative specialist in the area of the formation of child pornographic rings.

(See generally Tower, 1993, for the above section.)

Methods of Working with Founded Cases of Neglect and Abuse

Many of the reported cases of child abuse and neglect are determined to be unfounded. The files are normally closed and no other action is taken. Sometimes an investigation will not find concrete findings of abuse, but a suspicion of abuse still lingers. These cases are normally "pended" for additional follow-up and, if no other reports are filed within a specified time period, the case is generally closed.

Founded cases of abuse or neglect can be handled either by child protective service agency intervention or criminal justice intervention. Not all cases of child abuse or neglect are criminal in nature, nor do all founded cases of abuse or neglect require the removal of the child from the home. Financially strapped parents and caretakers are quite capable of loving a child while being unable to properly provide adequate food, shelter or heat for them. The same applies for many parents who are mentally, emotionally or physically unable to meet all of their child's needs. Although these conditions of neglect are more understandable, they are not excuses to allow a child to remain at risk of harm.

• Child protective services and family courts work to keep these families together by providing a number of services, such as: financial assistance for food, housing and medical care; the services of a paid child protective services "homemaker" to train parents on how to clean their homes and children's clothes and cook healthy meals; and how to practice good physical hygiene.

Additionally, homemakers often provide transportation to children and/or other family to and from medical or mental health appointments. In cases where there is a finding of willful abuse but the child is not in immediate danger, child protective agencies will work with family members to resolve problems and reduce stress that might have precipitated the abuse or neglect. Most often, these agencies incorporate the use of "contracts" between the agency and the abuser. These contracts specify strict requirements that the parent or caretaker must meet or maintain if he, she or they wish to retain custody of the child. Conditions contained in "contracts" might include:

• Anger management classes.
• Substance abuse treatment programs.
• Mental health counseling.
• Employment or employment training.

Parents may also be required to attend parenting classes to learn the proper care and feeding of the child, his or her needs, and to learn of the stressors that may lead to child physical abuse or neglect and techniques to reduce these stressors.

The child protection agency often will conduct follow up home and office visits for a specified length of time to ensure that the conditions of the contract are met. The contract will normally outline specific policies and procedures if "conditions" are not met or if another report of abuse or neglect is filed. These actions may include:

• The removal of the child.
• The extension of an agency monitor.
• Increases in conditions.

Foster Care Placement

The removal of a child from his or her home may result in a significant emotional toll on the child. It is the accepted philosophy of the court system, child protective service agencies and mental health professionals that a child should remain in the home unless his or her life is threatened, and that services should be geared at reuniting the family. A number of cases of abuse and neglect result in the temporary removal of the child from his or her home, and in some cases permanent removal. Placement can be either in foster care or in some other family member's care.

Most often the parent(s) or the care giver must meet certain conditions, as outlined above, prior to the placement of the child back into the home. To remove a child from the home and place him or her in foster care requires the intervention of the family or juvenile court. Only in cases where emergency removal of the child is warranted can child protective officers act without the direct permission of a judge in removing the child. Even then, the court must be notified and must hold what is referred to as a "shelter care" hearing within 72 hours to determine the child's placement. (Most states recognize a 72-hour deadline but policy can vary from state to state.)

Children who are removed from their home may experience a range of emotions and reactions. They may:

• Act out in physically threatening ways, hoping they will be removed from the foster setting and returned home.
• Withdraw from the foster caretaker and refuse to participate in planned activities.
• Cry excessively.
• Experience betrayal either with the abuser or the reporter.

As a result, they may lose their ability to "trust" the system designed to protect them, leading to the non-reporting of future abuse. Some children will recant prior statements concerning the abuse so they can return home. Children placed in foster care should receive mental health counseling or have access to other family members to share their emotions and to learn of future plans for their housing to aid them in accepting their current (and hopefully) temporary situation.
When the findings of the child abuse or neglect investigation uncovers acts criminal in nature, criminal charges are often filed against the offender. These acts normally include severe or life-threatening cases of child physical abuse and cases of child sexual abuse (Tower, 1993; Besharov, 1988; Finkelhor, 1994).

Factors That May Influence Children To Not Report Victimization

• Age and developmental skills may preclude an ability to do so.
• Lack of knowledge of whom to or how to report abuse.
• Fear of retaliation from the offender or other family members.
• Fear of not being believed.
• Unaware that the situation is not "normal."
• Feels shame or blame for abuse.
• Fears threats made by the offender against self and/or other family members.
• Perhaps most importantly, feels love for the abuser.

Communicating with Child Victims: A Brief Overview

During the investigative phase and in some cases, criminal phase, children will come in contact with a number of adult child protection professionals. The ability to talk with and put children at ease is important because child victims are not small adults. There is a substantial difference between children and adults in the comprehension of concepts, development of verbal skills, reactions to stress and anxiety, and adaptation to new and unfamiliar situations and people. Even among children, there is a vast difference in their ability to process and retrieve information, to become comfortable with new surroundings, and to take concepts and words from literal to general application. All are based upon developmental factors such as age and social maturation.

The types of abuse listed above do not have to occur at home. While it is true that the majority of physical, emotional and sexual abuse and neglect of children occurs in home settings, one or all of the above forms of abuse and/or neglect can occur in institutional, day care, school or other settings that children would attend. Additionally, physical abuse and sexual exploitation can be found in street settings as well.

Prior to working with child victims, it is important to have a general, basic understanding of the emotional and communicative developmental stages of children so that expectations, general communication, questions and desired responses and services are more in line with what the child can realistically supply, and what he or she needs in the way of support and services.

The following communication overview illustrates the communicative abilities of children, as well as developmental information that will provide a brief examination of the emotional and communicative levels of children as they grow. General information on the developmental stages for children from birth to four years is included; however, the child's communicative skills are limited and, as such, professionals will want to consider other communicative techniques as well. These techniques may involve the use of play or art therapy, and/or the use of anatomical dolls. The combination of these two resources should provide the victim service provider with a better understanding of children -- what they say, how they say it and how it can affect the services provided.

Prior to talking with a child, the adult communicator should consider:

• The child's developmental level.
• The child's frame of reference.
• Where appropriate, giving an explanation for the conversation in terms the child can understand to reduce anxiety.
• Adapting to the child's level by sitting in a chair comparable to the child's, sitting on the floor, going for a walk or employing other means to put the child most at ease.
• When possible, talking with a child in an environment that is familiar to the child.

According to Susan Samuel of the Kentucky Cabinet for Human Resources, "Attempts to communicate without consideration of the child's developmental level and frame of reference produces responses that appear to be incomplete and inconsistent. Such responses undermine the credibility of the child." To help reduce such risks, she suggest that the adult communicator realize:

• Children develop language skills in "layers." Fully developed language concepts do not emerge until the teen years. Miscommunication most often occurs when "adults" assume a child has mastered a particular skill when, in fact, the child has not.
• Many young children are not able to follow complex sequences but can answer simple sequences or questions.
• Children possess a strong need to impress adults. Asking younger children open-ended questions may result in the child giving any information they have on the topic even if it is unrelated to the particular event. Additionally, coupled with a need to impress, many children will not want to admit they do not possess knowledge of a particular event or topic. As such, some children make up information as to not be seen as unknowledgeable.
• Young children tend to repeat the end of a prior sentence if they are unsure of an answer. This is often taken as confirmation of a positive response when, in fact, it represents no response at all.
• The use of pronouns can be confusing to children. They best respond to specific names, places or things.
• Children most often measure time relative to events that are meaningful to them, rather than by abstract concepts of time. Time to them time may be better understood as points of reference: Thanksgiving, when it snowed, when "Barney" comes on T.V., etc.
• General terms used by adults to describe physical characteristics do not necessarily mean the same thing to a child. Be specific of the information that is being sought.
• Age is a difficult concept for children. "Old" to one child may be 16, while "old" to another may mean the tallest person in the room.
• Adults often assume children possess skills they may not have. The child should be asked to demonstrate his or her knowledge before continuing a specific line of communication.
• Children usually pick the literal interpretation of a phrase or a word. In the following example, it would appear that the child is confused about his age and when his birthday is. But when one looks at the questions and the answers, it is evident the child has answered correctly. The adult failed to go back to the fifth birthday; therefore, the child thought he was being asked about his sixth birthday, which was not the case.
  

Q: Do you know what your birth date is? I bet you do!
A: No.
Q: When were you 5 years old?
A: I am 5.
Q: You are 5?
A: Yeah.
Q: When will you be 6?
A: On my birthday.
Q: Okay, silly question. How long ago did you have your birthday?
A: I didn't have my birthday.

Communication Development and Reactions to Trauma

Birth to Two Years

Language capability of the infant and early toddler is pre-verbal. There is little ability to communicate through spoken word. The most common form of communicating is through physical activity; children of this age are dependent on physical human contact for reassurance. Normal reactions to trauma can be seen by crying, biting, throwing things, and/or agitated behavior. Memory of the traumatic event may best be seen in physical reactions, not in the form of mental memory. For example, a child who has been repeatedly physically abused may pull or shy away, or begin crying when in the presence of the abuser.

Two Years to Six Years

At this age, the child is beginning to develop language/verbal expression skills. He or she will continue to communicate primarily through play, but play is now interspersed with words. The child in the mid-age range is beginning to draw and may communicate through pictures. Additionally, the child is beginning to engage in pre-conceptual thinking but possesses a minimal concept of space and time. At this age, the attention span of the child is extremely limited to concentration of only a few minutes on any given subject. The child is learning to be more physically independent through activities such as toilet training, dressing, feeding and cleaning self. The child's immediate family still comprises his or her primary relationship. Reaction to trauma at this age may include: re-enactment of the traumatic event over and over; parental or caretaker separation anxiety; withdrawal from normal activities or interaction with family members; depression; regression in skills already learned such as toilet training, feeding or washing self, wetting the bed; sleep disturbances with nightmares common; loss of appetite; physical withdrawal when in the presence of abuser; and acting out of inappropriate behavior such as hitting or biting.

Six Years to Ten Years

Language skills at this age are becoming well developed. Play activities are equally interspersed with verbal communication. The child learns to tell time, days of the week, months of the year, etc. The child begins to learn the concept of past and future, but is more centered in the here and now. He or she may be beginning to learn problem-solving techniques. The child at this age is learning to go outside of home or caretaker boundaries. There is an increase in forming non-familial relationships through peers, teachers and other adult role models. At this age, reactions to trauma may include a sense of loss; inability to concentrate; and increase in imaginative skills that may lead to the embellishment of traumatic events. The child may suffer physical symptoms of stress such as headaches, stomach aches, and dizziness; difficulty in controlling behavior; regression to previously mastered developmental stages; mood swings; sleep and/or appetite disturbances. Distinct episodes of depression may become more obvious to the parent/caretaker.

10 Years to 14 Years

Language skills at this age are approaching those of adult ability; however, knowledge of words does not mean understanding of words -- language may be more advanced than concepts. The child will still prefer to communicate verbally over written forms. Children at this age may communicate through emotional outbursts or temper tantrums as opposed to employing learned reasoning concepts mode: "acting out" is common form of expression. Increased knowledge of the world may make the child more judgmental of life in general; they begin to apply their own beliefs, values, biases and prejudices against those learned through family interaction. A child in this age group is becoming both physically and emotionally independent from family structure; however, is not uncommon for the child to move forward and backward in childlike and adult-like concepts, behaviors and feelings. Puberty and hormonal fluctuations can cause emotional mood swings and confusion of impending sexuality. Physiological maturation occurs faster than emotional maturation. Peer influence and acceptance are becoming a primary focus, although family acceptance is still important. Reactions to trauma may include: regression towards child-like behavior; anger; extreme euphoria or depression; theatrical portrayal of traumatic events; judgmental about own behavior; emergence of psychosomatic illnesses; withdrawal from family or school activities; sense of unfairness over what has happened; and/or minimization of the traumatic event.

12/14 to 18 Years

At this age, language skills now incorporate an advanced capacity to communicate through written and verbal means. Poetry and story-writing are major avenues of identifying and communicating fears and concerns. The child is now able to fully understand cause and effect and abstract concepts. While the child can consider consequences of action, he or she still is not able to fully rationalize and foresee full future implications of such actions. At this age, the child is most often judgmental about everything, including parental or adult figures. The child is beginning to move away from family structure and support in favor of peer interaction; tends to depend on family members only for guidance when troubled; feels a need for privacy; and may start spending more time in his or her room listening to music and may begin to lock the bedroom door. He or she is becoming more comfortable with body image and may begin to explore more "active" forms of sexual behavior through books, music, film, or actual sexual participation. Reaction to trauma will include many of the same reactions as those experienced in adult post-traumatic stress disorder: anger at the world or parents for failing to protect him or her; shame of behavior or lack of skills to protect oneself; eating and sleep disorders; depression; psychosomatic illnesses; act out inappropriate behavior, especially sexual in nature; judgmental about own behavior and behavior of others; sullen, moody, quiet; ingestion of drugs or alcohol; running away from home; fits of rage; attempt to move into adult world as soon as possible; and/or use of foul language for shock value.

(For the above section, see generally Mapping strategies for services, National Organization for Victim Assistance; Focus on the future: A system's approach to prosecution and victim assistance, National Victim Center, 1990.)

Section II: Child Victims/Witnesses in the Criminal Justice System

Historically, America's justice system has treated child victims and witnesses shamefully. Following the old adage, "children should be seen and not heard," the American court system for many years effectively excluded the testimony of child victims and/or witnesses. Their age, lack of societal sophistication and inability to follow abstract concepts led our judicial forefathers to believe that children were not competent to come before the court and repeat what they saw or heard or had happen to them. Although crimes were perpetrated against them or they witnessed other crimes being committed, the judicial system did not believe their words were credible.

However, the judicial system has begun to accept that children do not need to be familiar with complex concepts or need to understand legal terminology or procedures -- that they are capable of repeating what they saw or heard about a crime. This wise intervention has not, however, paved the way for children to be seen as children and allowances to be made because they were in fact children. Rather, barriers have been and are still placed in their way.

In the past, most states required children to undergo a competency hearing in court prior to testifying. Most required or still require child victims or witnesses to face the adult offender in court. No programs or services were mandated to reduce the trauma of crime victimization or to alleviate court-related stresses. Quite unfairly, children were placed in the same category as adult witnesses.

In 1982, the President's Task Force on Victims of Crime addressed the need to treat child victims and witnesses differently than their adult counterparts. Simultaneous to the issuance of the President's Task Force's Final Report recommendations, the first comprehensive piece of crime victims' legislation was enacted on the federal level. For the first time, fair treatment standards for victims and witnesses were mandated, including child victims and witnesses, through the passage of The Federal Victim and Witness Protection Act of 1982. Since the enactment of this landmark Act, more than a decade of federal and state legislation has followed. Most notably is the Victims of Child Abuse Act of 1990. With its passage, children in the federal justice process have been afforded rights never granted before. Specific to prosecution, the Act mandates:

• Consultation with multi-disciplinary teams to receive information on medical evaluations, psychological and psychiatric diagnosis and evaluations, expert medical, psychological and related professional testimony.
• Allowing children to testify via two-way closed circuit television if the child is unable to testify in open court due to fear; the likelihood the child will suffer undue emotional trauma from testifying; physical, mental or other infirmities; and if conduct by the defense or the defendant causes the child to be unable to continue with his or her testimony.
• Limiting the competency examinations of children except when the court determines, on the record, compelling reasons for doing so.
• Ensuring privacy protection for child victims/witnesses and confidentiality of information concerning the child's identity.
• Allowing the child to be accompanied during the court process by an adult attendant.
• Mandating a speedy trial in order to minimize the length the child must endure the stress of involvement with the criminal process. Although only a small percentage of child victimization cases are criminally prosecuted in any court system, the need to support the child during the disclosure and healing process is critical.

Today many states have adopted similar legislation and enacted programs and services to meet the specific needs of child victims/witnesses. Many communities have established very detailed and extensive protocols, policies, procedures and interagency agreements for implementing multi-disciplinary approaches to child victimization. Some courts have lowered their competency requirements and some courts have begun to allow children to testify via two-way cameras, video cameras and other electronic means. Training opportunities now exist nationwide for criminal justice and victim assistance personnel who work with children.

Children who report, witness or suffer crimes not only suffer emotional ramifications of the abuse in and of itself, but are often called upon to participate in an adversarial, formal and adult-oriented system. Without properly trained criminal justice professionals, i.e., law enforcement, victim advocates, prosecutors, probation officers, judges, and parole officials and without specialized programs and services for child victims/witnesses, children participating in the justice process can experience a "second" form of victimization. Services for child victims and witnesses should not be dictated on the strength of a criminal case; rather, the criminal process should be seen as only one element in the handling of child victims and witnesses. There is no doubt that prosecutions are improved with victim/witness support and assistance from criminal justice personnel to child victims/witnesses and their parents/guardians. Child victims/witnesses that possess an understanding of the legal system are:

• More at ease with the role they are to play in the prosecution of the defendant.
• More cooperative with the justice process.
• Better able to cope with the intimidating and often traumatic experience of testifying.
• Parents and guardians of child victims and witnesses who are familiar with the justice process, their child's rights in the criminal justice system, and the role their child will have are better able to:
  
  • Support their child's participation in the justice system.
  • Identify andmeet their child's emotional needs.
  • Understand their own emotional needs and concerns.

Children and the Court

Court preparation programs that include non-offending families, guardians, and siblings are important to reduce the child victims'/witnesses' anxiety and their own concerns for the childs' emotional and physical safety. Sometimes, parents/guardians and siblings often feel more anxious than the actual child victim/witness about court participation. It is important to keep their needs in mind as well. If a parent/guardian is supportive of victim services, he or she is more likely to allow the child victim/witness to fully participate in all phases of the justice process.

The testimony of child victims/witnesses plays a substantial role in the successful prosecution of a criminal case. However, the involvement of children in the justice process brings many unique challenges to victim assistance personnel charged with supporting and aiding these children as they travel throughout the process.

It should be noted that children bring with them many preconceived notions about the court process that can induce intense fears and anxiety. Many children have watched television programs in which court trials have been portrayed in less than flattering means. Although criminal justice professionals are aware that these portrayals do not accurately represent real court trials, children are not aware of this. It is important that the child realizes that his or her version of court is not always correct or properly represented on television. This can be done by asking the child what he or she knows about court and if he or she has watched any television shows depicting a trial. If the child answers affirmatively, and the images of the process do not replicate real life, alleviate the child victims'/witnesses' fears

Children who are required to testify against family members face additional burdens of guilt, shame and confusion. Criminal justice professionals should make an extra effort to determine if the child has been subjected to any inter-familial pressure to change his or her testimony, or subjected to taunts and remarks about "destroying the family." Additionally, the criminal justice professional must never make the child feel that his or her testimony will be the deciding factor in establishing guilt. Rather, children must be reassured that their testimony is only a small part of a criminal case (See generally Office of Juvenile Justice and Delinquency Prevention, 1994; Selkin, 1991).

Child Victims of Juvenile Offenders: An Underserved Victim Population

In the growing wake of juvenile crime, the juvenile justice system is seeing an increase in the numbers of child victims and witnesses of these crimes. However, few programs exist that prepare the child victim or witness for participation in juvenile court proceedings.

Historically, these services have been reserved for child victims of sexual or extreme physical abuse. This is unfortunate because child victims and witnesses of juvenile offenders most often suffer the severest forms of intimidation, harassment and reprisal from juvenile offenders or their representatives. Victim assistance personnel should provide support and referral services for these victims and witnesses just as they do for child sexual assault victims and families, and be aware of the growing number of victims' rights within the juvenile justice system (see Juvenile Justice chapter for additional information on these topics).

Children Who Witness the Victimization of Others

Additionally, children are frequently called into adult court to serve as witnesses to crime. Just as many child victims of juvenile offenders receive little or no formalized program assistance, often child witnesses to adult crimes are not provided support and services. Everyday in this country, children witness murder, rape, domestic violence, robberies and assaults. Although they may not personally suffer physical injury, the emotional consequences of witnessing such acts of violence are terrifying.

Child witnesses experience many of the same emotional symptoms as child victims. They may not be able to sleep or eat; develop psychosomatic complaints; or experience depression or unexplained mood swings. They have been injured by the crime and deserve the criminal justice system's support and services as though they were the victims. Additionally, child witnesses are just as likely to be intimidated and fearful of formal court hearings as are child victims who are required to testify as witnesses. It is critical that these "secondary" victims be prepared for court as well.

Recent Federal Initiatives

The Violent Crime Control and Law Enforcement Act of 1994 created several new federal initiatives for crimes dealing with children. These provisions address the following areas:

• Registration of sexually violent offenders
• Repeat sex offenders
• Child sex tourism

In addition, federal law now provides for community notification of the release of predatory sex offenders.

Registration of Sexually Violent Offenders

The Attorney General of the United States is directed under the Act to establish guidelines for state programs that require persons convicted of certain crimes against children -- kidnapping, and sexual misconduct -- to register their addresses with an appropriate state law enforcement agency upon their release from prison.

• This registration requirement continues for 10 years after the offender is released from imprisonment or placed on probation.

In cases where the crime committed was "sexually violent," the registration requirement applies to persons committing an offense against an adult or a child.

• In such cases, "sexually violent" predators must remain registered until a court determines that they no longer suffer from a mental abnormality that would make a predatory sexually violent offense likely.

"Megan's Law"

Recent amendments to the federal sex offender registration statute provide for the notification of a community regarding the presence of a registered sex offender. Patterned after New Jersey's "Megan's Law," this will allow parents to better protect their children from known sex offenders.

Local, State and Federal Coordination

The Act also requires a sharing of information between local, state and federal law enforcement agencies. For example, the Act requires that state law enforcement agencies must transmit a copy of the conviction data and fingerprints to the Federal Bureau of Investigation.

• In addition, the Act establishes that the failure of a state to implement the registration program subjects the state to a 10 percent reduction in funds allocated under the Department of Justice's Byrne Grant program.

Repeat Sexual Offenders

The 1994 Act doubled the maximum prison term applicable to repeat sexual offenders. Specifically, if an offender commits a sexual abuse or sexual contact offense under federal law after one or more prior convictions for a federal or state sexual abuse or sexual contact offense, the maximum term of imprisonment is doubled.

Child Sex Tourism

A new "child sex tourism" offense was created under the 1994 Violent Crime Control and Law Enforcement Act that makes it illegal for a U.S. citizen or permanent resident to travel in interstate or foreign commerce with the intent to engage in sexual acts with a minor that are prohibited under federal law in the United States. This provision applies regardless if these acts are legal in the destination country.

Promising Practices For Child Victims and Witnesses

The following practices, effective as a whole or in part, have proven to be highly successful in assisting victimized children and their families:

• Referrals for mental health counseling and/or other appropriate community-based service programs.
• Assistance in meeting emergency financial outlays for medical or mental health treatment.
• Assistance in meeting all other emergency financial needs such as shelter, food and transportation.
• Intervention with school or neighborhood officials if the child victim or witness experiences threats, intimidation or other forms of harassment by a child offender and his or her friends. This may include helping the child to transfer to another school.
• Reporting threats or acts of intimidation or harassment against child victims/witnesses to proper authorities for intervention.
• Informing the child victim's parents of their rights under the victim compensation laws of their state.
• Providing information on the criminal justice system and the child's role and rights in the process.
• Providing court accompaniment of child victims/witnesses to the courtroom. If allowed, remain in the courtroom during the child's testimony
• Relaying information to the prosecutor so he or she can make decisions for speedy trial motions, request for video or two-way camera taping of the child victim's/witness' testimony, closing of the courtroom to the public, etc
• Apprising the prosecutor of the child's normal schedule so that he or she can request the judge's accommodation of that schedule.
• Providing a secure, separate waiting room stocked with toys, books or television when the child victim/witness is required to wait to testify.
• If appropriate, assisting the child and parent/guardian with the preparation of a victim impact statement and explaining its use. Many states and the federal government accept victim impact statements in formats that are commensurate with a child victim's age and cognitive development, i.e. drawing pictures, writing stories, etc.
• Incorporating the child witness into a formal court orientation program or establishing an individualized victim/witness orientation program.
• Providing a secure waiting area for child victims/witnesses and family members away from the offender and his or her family.
• Providing information on the outcome of criminal justice proceedings as allowed under the state's confidently statutes.
• Providing multi-lingual services that are dialect-specific to children and their family members where appropriate, including translators and written materials and services adapted to meet the needs of physically or mentally impaired child victims/witnesses.

Additional Promising Practices

• Keep multi-disciplinary team and/or mental health professionals apprised of any new changes or concerns that may affect the child's physical or emotional well-being. As a collective group, evaluate and take action where appropriate.
• Allow the child to disclose facts of the case only if he or she wishes. Do not stop the child from talking, but do not attempt to interview the child on the facts of the case unless it is your job
• Determine the child's fears of court participation and provide services to alleviate them if possible. Support the parents'/guardian's emotional needs where appropriate.

Court School for Children

Development of Programs and Curricula

Today, many victim assistance programs across the nation utilize court schools and court orientation sessions to prepare children for their roles in court. Child-friendly activities allow children to learn about court and familiarize themselves with the courtroom and its personnel by using fun and non-threatening activities. In states that still require competency exams for children, the court orientation program can serve as a preliminary measure to the child's ability to adapt and perform new surroundings during a stressful period.

The response of the child victim/witness while performing these activities can also provide criminal justice personnel with a more realistic view of how the child will react to testifying and his or her ability in doing so. If it is noted the child cannot participate even during the play activities without becoming hysterical or totally withdrawing, it might be best to consider other methods for eliciting the child's testimony such as by two-way close-circuit television or other electronic means.

Prior to developing the court school curriculum and activities, the following issues will need to be decided: (Portions of this section excerpted from Alexander, 1994.)

Before You Begin

• Is there a practical need for the development of a court school or does a one-on-one court orientation session best meet the needs of an individual jurisdiction? Will the client population support such an endeavor?
• How often should court school or orientation programs be held? In larger metropolitan areas, it is possible that a court school needs to be held bi-weekly or monthly while, in smaller communities, once a quarter or twice a year may be sufficient to meet the demand. The cultural make-up of the jurisdiction will also determine how court schools must be held. For example, it a jurisdiction has a client mix of predominately Spanish and English speaking victims, separate court school programs might be planned so that the information is presented in the child's native language. This question also applies to meeting the needs of cultural or religious differences of victims. Additionally, if the age mix of court school students varies considerably, one should consider holding separate court school programs according to age. For example, one might develop individualized curriculum for children under eight years of age and another curriculum for those eight and above.
• At what time will court school be conducted? How many sessions will be held? Most programs hold court school in the late afternoon so that children are not required to miss classes and to better accommodate parents' work schedules. Younger children do not have long attention spans; one should consider increasing the number of court sessions but decreasing the time for each session. For example, four sessions of one hour may be held for younger children, with two sessions of two hours for older children.
• Which staff will be included? Is there is sufficient personnel to conduct the court school and, if not, is there an adequate pool of volunteers to help? Will a child psychologist, a prosecutor, judge or other court personnel be included
• Where will the court school be held? If not within the courtroom, can court school be held in close proximity to an actual courtroom?
• What is the program's budget? Is there money to professionally print court school activities or will the materials be reproduced "in-house?" Who will cover the cost of crayons, scissors, markers, stuffed animals or other materials need to conduct the court school sessions? Will the program be allowed to seek donations from the business and/or civic communities?
• At what point will a child be invited to attend court school? Some jurisdictions wait until a trial date has been set, while others conduct court school once the grand jury has indicted the defendant.

Additional Issues to Consider

• Will concurrent court preparation sessions be planned for non-offending parents/guardians and child witnesses? There is a growing trend to offer the parents/guardians of child victims/witnesses with services at the same time the child is participating in court school. This serves two purposes: It increases the likelihood that the parent or guardian will allow the child to participate in the court orientation session; and it provides an opportunity for parents/guardians to receive information or services and to share feelings and concerns with other parents/guardians.
• Is there a need to provide specialized services or to specially tailor informational resources to meet the needs of child victims with hearing, sight, physical, mental or emotional disabilities? Some victim assistance programs have developed court orientation videos for hearing-impaired children, and audio tapes or large print resources for sight- impaired children.
• Will child care services be provided during the court orientation session(s)? If yes, the determination of childcare workers must be made well in advance, as well as what screening process will be used to ensure child(ren) safety.
• Will transportation be available to those families and children who could not otherwise attend? Thought must be given to liability issues surrounding automobile liability insurance.

With the advent of court orientation programs and court schools, there is an increase to claims by the defense that children have been told what to say when they are in court. Often, court school programs have been called into question when a child testifies. It is critical that court school and court orientation staff be prohibited from discussing with the child any factual information concerning his or her case. Court school should provide only general information about the criminal justice system, those who work there and the role of the child in the process. Gifts of any kind for the successful completion of court school should be prohibited. A gift of a poster or a teddy bear to hold can be used against the child by the defense and can garner unfavorable support for the program with the judiciary. It may be in the program's best interest to have written policies and procedures, copies of all resources given to the children and, if possible, a sample video tape of an actual court school session. Several jurisdictions have successfully thwarted any defense claims of coaching or influencing child testimony by having these materials on hand for examination by the judge or the jury.

Developing Activities

Court school activities should be developed that can be used either during court school or taken home to be completed with parents/guardians and/or siblings. A program does not have to have a large budget to develop and reproduce fun and informative activities. If funds are not available to purchase already developed coloring books, board games, etc., consider developing activities that can be photocopied in the office. Advocates may want to visit a local college art department and find a student willing to volunteer his or her time to draw pictures and activities for court school resources. The activities may include:

• Games, cross word puzzles or mazes featuring a courthouse theme and courthouse personnel.
• Multiple choice questions to review the child's knowledge of the justice process;
• Word match games to match illustrations with definitions.
• Pictures to color that depict illustrations of the courtroom, courthouse or items found in the courtroom.
• Blank pages to draw or respond to open-ended questions or commands such as: "Draw a picture of a witness chair" or "draw a picture of your face showing how you feel about coming to court."

Each child should be provided with a folder so he or she can take the court school activities home. Consider providing extra copies of the activities for the child victims/witnesses brothers or sisters. When completed together, siblings can better understand what the child victim/witness may be going through. Advocates may also wish to consider developing a small brochure for the parent/guardian that contains information on:

• The criminal justice process and the role their child will play in simple layman's terms.
• The child's rights within the justice process.
• Court accompaniment and court orientation or court school programs.
• Community-based support services.
• The state crime victim compensation program.
• Typical concerns of parents/guardians of child victims/witnesses.

Sample Informal Court Orientation Session

If a jurisdiction does not have the need for a formal court school program, there are several activities that can be provided "individually" to child victims/witness that will help prepare them for court. They may include:

• A courtroom tour and where possible, introduction to key courtroom personnel and a description of their job(s).
• A tour of the victim/witness waiting room if there is one.
• A tour of the courthouse to see where cafeterias and bathrooms are located.
• Distribution of the court orientation activity book.
• Talking about the child's feelings, concerns or fears about coming to court.
• Providing the child with an explanation of "courtroom etiquette" and the "rules of court."

Sample Court School Session (Ages Six and Up)

Preparing children for court can easily be achieved in two "court school sessions." While the two sessions below offer some structure, advocates should be prepared to vary from the outline if children indicate they need additional information or time to absorb the activities.

Session I (Held in Courtroom or Neutral Setting)

1. Introduction to "Court School" and "Court School Teachers."
   • General information about court school and coming to court.
   • Children design art work folders and name tags for "Court School" resources.
   • Group leader reviews "Court School" goals: education, feelings, etc.
2. Parents depart to their own information and support group if applicable. If not, ask the parents to wait outside. Parental observation may inhibit the child from play.
3. Activities: Have children complete activities and games outlining their role in court; who key court personnel are, what they do and where they sit. Discuss expected courtroom behavior and terminology.
4. Discuss feelings concerning court participation. Ensure enough time for questions and answers. Explain to children about recesses for lunch, breaks and going to the bathroom.
5. Closure: Preview of next court school session. (Don't forget to praise, praise and praise children's participation and bravery.)

Session II (Held in Courtroom)

1. Welcome and introduction to activities to be conducted in Session II.
2. Sample Activity: Role play game. Each child should have an opportunity to "play" being a witness, judge, prosecutor, defense attorney, bailiff, etc. This allows the child to apply the information they learned from Session I concerning court personnel. If each child does not have an opportunity to play each of the key courtroom personnel characters, make sure each child has an opportunity to play "witness" or sit in the witness chair. Another version of this game can be played by placing cardboard cutouts in each of the key courtroom personnel assigned area and ask the children to name the personnel and their job in the courtroom. (You may want to have a microphone for the children to talk into, a steno graph machine, a judge's robe, gavel or any other prop that is commonly found in the courtroom.)
3. Other activities and/or skits.
4. Relaxation techniques: Deep breathing, neck rolls, etc. Encourage practice of each technique at home and prior to court testimony.
5. Bring parents and children back together for graduation ceremony and last question-and-answer time. (Remember, praise, praise, praise!)

Promising Practices for Communicating with
Child Victims and Witnesses

When communicating with child victims, the following should be considered:

• Always introduce yourself and your role in the process.
• When possible, meet with the child in an environment he or she is familiar and comfortable with. Allow the child to choose a neutral party to serve as a support person during the meeting. (This would include non-offending parents, victim advocates, grandparents or other supportive family members.)
• Reassure the child of his or her safety. Many offenders use techniques of threat or intimidation to "keep" the child victim/witness quiet. A young child may be very much afraid that he or she will be hurt, or a loved one will be killed if the offender threatened that. If the child victim was victimized or witnessed a crime by a schoolmate, determine his or her fears for retribution upon return to school. Be prepared to work with school authorities to protect the victim/witness.
• If the offender is an adult, reassure the child victim that he or she did nothing wrong.
• If the child witnessed a crime or was victimized by a family member, realize the emotional dynamics that may be at play. Children reporting parents or other family members for crimes can feel tremendous amounts of guilt. They may encounter hostile family members that refuse to believe the child or have indicated the hardships the offender's arrest will cause the family. If these family members reside in the home with the child, contact child social services workers to determine if foster care placement is necessary.
• Explain to the child, if age and developmental level allow, what is required of them. If he or she must see a doctor for an medical examination, let the child know that this is going to be done. If the child must go to another location for further interviews, explain why. Always, if possible, allow the child to be accompanied by a supportive adult family member or friend to these appointments.
• Always be cognizant of your use of unfamiliar terminology. Use words appropriate for the victim's age level. Most professionals use jargon that comes as second nature to them. For example, don't ask an eight-year-old child to "describe" something -- rather, ask the child to "tell" you about something. If a child of sexual abuse describes his or her genitalia as "pee-pee" or "pocketbook," parrot the same names when talking with the child.
• Arrange meetings so the child's normal schedule is not disrupted whenever possible. School-aged children are highly embarrassed if they are called from class to the office in front of their peers. When possible, wait until school is over for the day and go to the child.
• Be aware of the child's emotional state during the meeting. If he or she becomes too upset or cranky, postpone or conclude the meeting until another time, if time is not a critical factor in apprehending the offender.

Promising Practices to Serve Parents/Guardians of Child Victims

• Provide parents/guardians with information on processes that will be used to investigate claims of abuse, neglect or criminal charges and the child's rights and parent's right to participate in decision making processes.
• If the offender is a family member, determine the family's need for financial assistance or the need to relocate. This is helpful for two reasons: If the offender was the primary breadwinner, the non-offending parent may need assistance with landlord/creditor intervention, obtaining food, lodging or transportation, and meeting medical or mental health costs. If money concerns are addressed, the remaining parent can concentrate more energy and emotion to supporting the child victim/witness.
• Provide information about community-assistance programs, local mental counseling and support services, both for the child and the family.
• Provide information about witness intimidation and assist in seeking protective orders where appropriate.
• If injury occurred, provide information on state victim compensation claim form.
• Provide parents with information about the emotional aspects of child victimization so that as symptoms manifest, the parent is in a better position to know what is to be expected and what requires professional intervention. If information about parental stress is available or if there are appropriate parental support groups located in the community, provide this information as well.
• Where possible, arrange appointments involving the child and parent around the parent's work schedule.

Self Examination Chapter 15

Child Victimization

1) What are the five types of child victimization?




2) Why might a child have difficulty in disclosing his or her abuse?




3) What common emotion(s) do children of abuse suffer from most? Why?




4) List three benefits of multi-disciplinary teams.




5) What three areas of child victimization were addressed under the 1994 Violent Crime Control and Enforcement Act? How?




6) Briefly describe the components of your proposed, ideal child victim assistance system.
References

Alexander, E. (1994). Focus on the future: A systems approach to prosecution and victim assistance. Washington, DC: National Victim Center.

Bersharov, D. (1988). Protecting children from abuse and neglect: Policy and practices. Springfield, IL: Charles C. Thomas.

Finkelhor, D. (1994, Summer/Fall). The future of children: Sexual abuse of children. Center for the Future of Children, 4, (2).

Goetting, A. (1990). Child victims of homicide: A portrait of their killers and the circumstances of their deaths. Violence and victims.

Kilpatrick, D., Edmunds, C., & Seymour, A. (1992). Rape in America: A report to the nation. Charleston, SC: National Crime Victims Research and Treatment Center and National Victim Center.

McCurdy, K. & Daro, D. (1994). Current trends in child abuse reporting and fatalities: The results of the 1993 annual fifty state survey. Chicago, IL: NCPCA.

National Organization for Victim Assistance. (1990). Mapping strategies for service. Washington, DC: Author.

National Victim Center. (1992-1994). Grant project. Washington, DC: Office of Juvenile Justice and Delinquency Prevention.

National Victim Center. (1994). Focus on the future: A systems approach to prosecution and victim assistance. Washington, DC: Author.

Office of Juvenile Justice and Delinquency. (1994). The child victim as a witness: Research report. Washington, DC: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention.

Oklahoma State Department of Health. For kids sake: A child abuse prevention and reporting kit. Oklahoma City, OK: Oklahoma State Department of Health, Office of Child Abuse Prevention, Guidance Services.

Selkin, J. (1991). The child sexual abuse case in the courtroom. Denver, CO: .

Strauss, Gelles, M. R., & Steinmetz, S. K. (1980). Behind closed doors: Violence in the American family. Garden City, NY: Anchor Press.
Tower, C. G. (1993). Understanding child abuse and neglect. Boston, MA: Allyn and Bacon.

U.S. Department of Health and Human Services. (1994). Child maltreatment 1992: Reports from the states to the National Center on Child Abuse and Neglect. Washington, DC: Author.




Additional Suggested Reading

Able-Peterson, T. (1981). Children of the evening. New York: Putnam.

Arthur, L. G. (1986). Child sexual abuse: Improving the system's response. Reno, NV: National Council of Juvenile and Family Court Judges.

Brammer, L .M. (1979). The helping relationship: Process and skills. Englewood Cliffs, NJ: Prentice-Hall.

Dziech, B. W., Schudson, C.B. (c 1991). On trial: America's courts and their treatment of sexually abused children. : Beacon Press, c 1991.

Eatman, R., Bulkley, J., & Wanger, B. (1986). Protecting child victim/witnesses: Sample laws and materials. Washington, DC: National Legal Resource Center for Child Advocacy and Protection.

Eth, S., & Pynoos, R. S. (1984). Post-traumatic stress disorder in children. American Psychiatric Association meeting (137th), Los Angeles, CA.

Geiser, R. L. (1979). Hidden victims. Boston: Beacon Press.

Goldenstein, J., Freud, A., & Solnit, J. (1973). Beyond the best interest of the child. New York: Free Press.

Golder, Christine A. (c 1987). If it happens to your child -- it happens to you: A parent's help-source on sexual assault. Saratoga, California: R & E Publishers.

Jaffe, P. G., Wolfe, D. A., & Kaye, S. (1990). Children of battered women. Newbury Park: Sage.

Justice, B., & Justice, R. (1976). The abusing family. New York: Human Services Press.

Kehoe, P. (c1988). Helping abused children: A book for those who work with sexually abused children. Seattle, WA: Patenting Press.

Kline, D. F. & Kline, A. C. (1987). The disabled child and child abuse. Chicago, IL: The National Committee for Prevention of Child Abuse.

National Center for the Prosecution of Child Abuse. (1993). Investigation and prosecution of child abuse. Alexandria, VA: Author.

National Institute of Justice. (1992). New approach to interviewing children: Test of its effectiveness. Washington, DC: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice.

Porter, E. (1989). Treating the young male victim of sexual assault: issues and intervention strategies. Prison Research/Educational Action Project (New York State Council). Orwell, VT: Safter Society Press.

Revised report from the national task force on juvenile sexual offending, 1992. Juvenile and Family Court Journal, 4, 5.

Rush, F. (1981). The best kept secret: sexual abuse of children. New York: McGraw-Hill.

Sanford, L. T. (1982). The silent children: A parent's guide to the prevention of child sexual abuse. New York: McGraw-Hill.

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