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Best of All Possible Worlds: Balancing Victims' and Defendants' Rights in the Child Sexual Abuse Case

NCJ Number
157655
Journal
Fordham Law Review Volume: 63 Issue: 2 Dated: (November 1994) Pages: 633-664
Author(s)
M F Sopher
Date Published
1994
Length
32 pages
Annotation
Although child molestation has existed throughout history, the American media has focused more intently on the issue of child sexual abuse over the past 10 years; in addition, the problem of child sexual abuse is compounded because government statistics on child molestation are scarce, research attempts to compile data have yielded unsatisfactory results, and child sexual abuse is extremely difficult to investigate.
Abstract
The first part of the article discusses difficulties encountered in the effective adjudication of child sexual abuse cases. The role of criminal courts in combatting child molestation is examined, arguments for and against criminal prosecution of abusers are identified, and the crucial nature of prosecution in most child sexual abuse cases is considered. The second part of the article examines evidentiary difficulties involved in prosecuting child sexual abuse cases, with emphasis on constitutional protections afforded criminal defendants. The third part of the article recommends an interdisciplinary approach to the prosecution of child sexual abuse cases. 253 footnotes