NCJ Number
111095
Journal
Journal of Family Law Volume: 24 Issue: 2 Dated: (1985-86) Pages: 149-269
Date Published
1985
Length
119 pages
Annotation
While there are unquestionable benefits from the legal response to child abuse and while criminal prosecution is often warranted and may be used to compel treatment or provide the only method for keeping some abusers away from children, in most cases the criminal justice system response has been ineffective in protecting the best interests of the child.
Abstract
Child abuse, particularly sexual abuse, is difficult to prove as the child victim is often the only witness. This raises issues related to the child's competence and credibility. Hearsay exceptions and other court reforms designed to enhance prosecution raise constitutional issues related to the rights of the accused. Further, the punitive and adversarial approach of the criminal justice system can be destructive to families and traumatizing to the child victim. It is argued that child abuse is first, a social-psychological problem, and second, a legal problem. Consequently, a nonadversarial, therapeutic approach is more likely to be effective in protecting children, treating deviant behavior, and supporting families. Such an approach could be under the administrative direction of the existing child protection system. Such an approach would result in a substantial reduction in trauma experienced by child victims. Energy would be directed toward therapy for the child, the family, and the abuser, rather than generally ineffective legal processes. 401 footnotes.