Authority as Coercion: When Authority Figures Abuse Their Positions to Perpetrate Child Sexual Abuse

• NCJ Number: 199840
• Journal: Journal of Child Sexual Abuse Volume: 11 Issue: 1 Dated: 2002 Pages: 27-51
• Author(s): Karen Weiss
• Date Published: 2002
• Length: 25 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This paper explores the issues and laws surrounding child sexual abuse by a person in a position of authority over the child.

Abstract

Not all States have statutes that specifically address child sexual abuse by a person in a position of authority. In fact, only 35 of the 50 States have such statutes. This impacts the prosecution of sexual abusers because in many of these cases, the perpetrator uses no overt form of force, but rather relies on their position of authority to coerce their victim to engage in sexual acts. In order to probe issues surrounding such abuse by persons of authority, the author breaks the article into five sections. In the first section, the author examines the stereotypes that surround sexual assault and sexual abuse. Also discussed in this section is how the sexual abuse of children by a person in a position of authority is different than other types of abuse, sexual or otherwise. The second section contains a comprehensive overview of the current state of position of authority statutes in all 50 States. In particular, the constitutionality of position of authority statutes is examined, as is the choice of wording in each statute. In the third section, the author explores specific cases in which position of authority statutes have been used. Under examination is the way in which State courts have interpreted the language in these statutes. The fourth section examines the rules of admissibility of evidence in position of authority cases; the author notes the wide latitude of admissibility that is often afforded in these cases. Finally, in the fifth section, the author offers a review of the article as well as specific recommendations for future legislation regarding position of authority crimes. These recommendations include allowing into court evidence of other bad acts committed by the perpetrator as the author believes a string of inappropriate behavior will help judges and juries assess cases of child sexual abuse by people who are in positions of authority. Notes, appendix