NCJ Number
55477
Date Published
1978
Length
12 pages
Annotation
THE LACK OF PUBLIC CONSCIOUSNESS OF CHILD ABUSE IN WEST GERMANY IS CONSIDEREED. DIFFCULTIES FACED BY CUSTODY COURTS, THE INSTITUTIONS WHICH HANDLE ALL CHILD-CUSTODY CASES, IN DEALING WITH ABUSE CASES ARE REVIEWED.
Abstract
IF ONE LOOKS ONLY AT OFFICIAL STATISTICS, CHILD ABUSE WOULD APPEAR TO BE A MINOR IN PROBLEM THE FEDERAL REPUBLIC OF GERMANY. IN 1975 POLICE STATISTICS LISTED 1,662 CASES. EACH YEAR THERE ARE BETWEEN 200 AND 300 CRIMINAL SENTENCES FOR CHILD ABUSE. IT IS SURMISED, HOWEVER, THAT THESE LOW FIGURES ARE DUE TO LACK OF PUBLIC INTEREST IN THE PROBLEM. MOST OF THE INFORMATION ON THE SUBJECT HAS COME FROM AN EXTENSIVE RESEARCH PROJECT CONDUCTED BY FRANKFURT UNIVERISTY. DATA HAD TO BE EXTRACTED FROM FILES WHICH ALSO INCLUDED ADOPTIONS AND DIVORCE CUSTODY PROCEEDINGS. ALL CHILD ABUSE CUSTODY CASES ARE HANDLED BY THE CUSTODY COURT. OFTEN THIS COURT WAITS UNTIL A CRIMINAL TRIAL HAS BEEN HELD BEFORE MAKING A CUSTODY DECISION, THEN PARROTS THE TESTIMONY PRESENTED IN THE CRIMINAL COURT. THE DAMAGE WHICH CAN BE DONE TO THE CHILD THROUGH EITHER WAITING FOR PLACEMENT OR BEING PLACED BACK IN AN ABUSING HOME ARE CONSIDERED. THE MAIN PROBLEM IS THE STANDARD OF EVIDENCE REQUIRED IN THE CUSTODY COURT. THESE COURTS REQUIRE EVIDENCE 'BEYOND A REASONABLE DOUBT,' AS DO CRIMINAL COURTS. IT IS SUGGESTED THAT IN CHILD ABUSE CASES 'A PREPONDERENCE OF THE EVIDENCE' SHOULD BE SUFFICIENT, AS IT IS IN DAMAGE SUITS. THE EFFECTS ON PROCEEDINGS OF DIFFERING STANDARDS IS EXAMINED. CUSTODY COURTS CANNOT ADDRESS THE TOTAL NEEDS OF THE FAMILY NOR CAN THEY DEAL WITH THE PSYCHODYNAMIC ASPECTS OF CHILD ABUSE. THEY CAN ONLY PLACE A CHILD IN A FOSTER HOME OR RETURN THE CHILD TO THE FAMILY. A NUMBER OF SUGGESTIONS FOR STRENGTHENING THE HANDLING OF CHILD ABUSE CASES IN WEST GERMANY CONCLUDE THE DISCUSSION. NOTES AND REFERENCES ARE APPENDED. (GLR)