NCJ Number
100484
Date Published
1985
Length
18 pages
Annotation
Criminal justice system response to child sexual abuse is examined, with attention directed to the effects of legal processes on the child victim.
Abstract
Problems created by criminal prosecution of child sexual abuse must be understood within the context of the fundamental nature of the criminal process. Because of the power of police and courts, the legal system incorporates safeguards of the defendant's rights. Society's response to child sexual abuse is outrage, and therefore, the public expects vigorous prosecution and stern punishment. The victim is a child attempting to cope with the sexual activity, the disclosure, personal problems, and family pressure. The stress of the criminal prosecution for the victim arises from all these factors. The child often must tell and retell the incident to investigatory personnel, at hearings, and during trial. Trials are often delayed and are public. The victim is required to provide evidence to overcome the presumption of innocence. The child usually must confront the perpretrator and undergoes cross-examination that is designed to destroy the child's credibility. Sentencing is complicated by the victim's relationship to the perpetrator and the possibility that incarceration of the offender will result in even greater hardship for the victim. A glossary of procedural and substantive terms in New York sexual abuse cases is provided.