论未成年人性侵害防范教育的责任主体缺位

媒体曝光未成年人性侵害案件不断增多,引起了社会各界广泛关注。对未成年人进行性侵害防范教育刻不容缓。各项法律法规明确规定了未成年人性侵害防范教育的责任主体,但在现实中却存在着严重的责任主体缺位现象,尤其是作为主要教育责任主体的教育行政部门严重缺位与不作为,导致普遍的未成年人性侵害防范教育缺失。教育行政部门应该发挥部署、协调、管理与监督作用,创造条件,赋予学校与家庭实施预防性侵害教育的能力,在保护儿童免受性侵害的系统工程中发挥预防与教育作用。     

对性侵未成年人的罪犯刑满释放后信息公开的再思考——以广州市花都区建立全省首个未成年性侵库为背景

2019年3月,广州花都建立全省首个未成年被害人已决案件查询系统,标志着我国建立健全性侵害未成年人违法犯罪信息库和入职查询制度将迈上一个新的台阶。本文分析了性侵未成年人案件信息公开制度的合理性,并对该制度的完善提出了建议。     

寄宿制高中学生性安全教育路径初探

近年来,性侵害未成年人犯罪的新闻报道频繁见诸报端。未成年人由于正确系统的性安全教育缺乏,预防侵害意识淡薄、性自护自救能力不足,因此极易成为性侵害犯罪的受害者。文章致力于寄宿制高中学生性安全教育路径研究,提出依托学校育人平台开展性安全课堂教育、多方加强寄宿制高中学生家庭性安全教育指导和构建完善的青少年性安全社会支持系统三条路径,以期增强寄宿制高中学生性安全教育的针对性和实效性,促进寄宿制高中学生性安全教育专业化、系统化。     

论儿童性侵害问题

近几年性侵害儿童案件频繁发生,不但给受害儿童及其亲属的身心健康带来了极大的伤害,也对社会的和谐稳定造成了一定的破坏.针对儿童性侵害案件的特点和原因,应该进一步健全法律体系,加强儿童的防范意识和法律宣传,提高被性侵害儿童的精神抚慰赔偿标准.     

中小学生遭遇性侵害之特点、原因及防范

中小学生遭遇性侵害案件近年来频繁发生,受害者多为年龄幼小的女生;施暴者大多为学校老师。这与学校管理松懈、少数教师人格缺失、中小学生自我保护意识缺乏密不可分。为了防范中小学生遭遇性侵害,中小学生父母应对孩子加强性自我保护教育,学校宜开设专门的预防性侵害的课程,爱护已受性侵害的中小学生,加强对中小学教师的管理和教育,加强对校园安全工作的检查和管理,构建防范机制。     

声音

“要通过课堂教学、讲座、班队会、主题活动、编发手册等多种形式开展性知识教育、预防性侵犯教育,提高师生、家长对性侵害犯罪的认识。”——近来媒体上频频爆出未成年人受到性侵案件,其中也有少数教师、校长涉案。为此。教育部等四部门日前发布《关于做好预防少年儿童遭受性侵工作的意见》。而要落实四部门发布的意见,我国亟需联合家庭和社会．建立学校性教育体制．如此才能治标治本。     

校园性侵现象忧思录

<正>儿童性侵犯,一般是指用欺哄、武力、讨好、教唆或物质诱惑及其他方式把儿童引向性接触,以求满足侵犯者性需求的行为。性侵犯的对象不仅仅是女生,也包括男生。校园性侵害是指发生在校园或校园外的针对14周岁以下的未成年学生所实施的性侵害。性侵,受伤害的不止一人对校园性侵害案件的被伤害者而言,这样的伤     

农村“留守儿童”性侵害犯罪的探讨

我国留守儿童人数众多,广泛地存在于农村地区。随着越来越多的留守儿童性侵害案件曝光,加大留守儿童性侵害探讨成为必然,加强对留守儿童遭受性侵害的法律政策保护尤为重要。     

“性侵害”背后的警示

性侵害对未成年人的影响是终身的,给他们尚未成熟的身心造成永远挥之不去的伤痛,甚至改变其一生。大量研究表明,遭受性侵害的未成年人发生心理问题和精神障碍的风险远远高于没有这种经历的人。生活毕竟不是一个真空,面对当前多种诱惑和风险,父母作为孩子的法定监护人,应当对孩子加强性知识和性道德教育,甚至教孩子一些对付“恶”的本领。     

河南农村留守儿童性侵害的防范意识问题与对策研究

性侵害的防范意识是个体对于可能遭受性侵害的一种判断并据此判断所采取的预防措施.农村留守儿童性侵害的防范意识与性侵害发生的可能性有密切关系,防范意识薄弱就容易受到性侵害,而增强儿童的防范意识就可以减少性侵害的发生.提高留守儿童的性侵害防范意识的最主要途径是教育,包括学校教育、家庭教育和社会教育.     

A taxonomy of duties to report child sexual abuse: Legal developments offer new ways to facilitate disclosure

Background: Child sexual abuse is undisclosed for many reasons that are resistant to change. Citizens can play an important role in disclosing cases of child sexual abuse to authorities. Professionals who deal with children also play a crucial role. Office-holders in organisations have a clear responsibility to prevent cover-ups of sexual abuse. Recently, some countries have created important new legal duties for adults to disclose child sexual abuse.Objectives: This article creates a contemporary taxonomy of duties to disclose cases of child sexual abuse, and explains their nature and justification.Participants and setting: Citizens, professionals dealing with children in the course of their work, and managers of child and youth-serving organisations.Methods: Legal analysis created a taxonomy of reporting duties. Analysis of these duties from perspectives of criminal jurisprudence, public health law, children’s rights and ethics considered their justification.Results: Seven legal duties now exist, in criminal law, civil law and child protection law. Some apply to all citizens; others to managers in organisations; others to professionals dealing with children in the course of their work. All the duties are directed to early detection of cases; some are directed towards prevention; and some are focused on avoidance of institutional corruption.Conclusions: These developments represent historic progress in overcoming normally intractable barriers to disclosure of cases of child sexual abuse. New legal duties are consistent with principles from criminal jurisprudence, public health law, children’s rights and ethics. Where adopted, societies should ensure the creation and maintenance of ecological conditions in which these duties can be observed.     

Child care workers' knowledge about reporting suspected child sexual abuse.

As reports of the sexual abuse of preschool-aged children increase and the number of children in day care expands, it is important to recognize child care workers as potentially important resource persons for sexually abused preschoolers. Although they are potential resources for abused children, they may fail to report suspected abuse if they do not know their legal responsibilities and their rights and protections under the law. The purpose of this study was to determine child care workers' knowledge about their reporting rights and responsibilities. Relative to child sexual abuse experts, day care personnel knew significantly less about the procedures for reporting suspected abuse and their protection under the law. Suggestions for improving child care workers' knowledge about reporting suspected sexual abuse cases are provided.     

Child sexual abuse: historical cases in the Byzantine empire (324-1453 A.D.)

OBJECTIVE: The aim of this article is the presentation and brief analysis of some historical cases, unknown in the broader medical bibliography, of child sexual abuse in Byzantine Society (324-1453 A.D.). METHOD: The original texts of the Byzantine historians, chroniclers and ecclesiastical authors, written in the Greek language, were studied in order to locate instances of child sexual abuse. RESULTS: Although the punishment provided by the laws and the church for cases of child sexual abuse were very strict, a number of instances of rapes under cover of premature marriages, even in the imperial families, are revealed in these texts. Furthermore, cases of child prostitution, pederasty, and incest are included in the historical texts and some contemporary authors confirmed the presence of many such cases in all classes of Byzantine society. CONCLUSION: The research of original Byzantine literature disclosed many instances of child sexual abuse in all social classes even in the mediaeval Byzantine society which was characterized by strict legal and religious prohibitions.     

A historical comparison of Australian lawyers’ strategies for cross-examining child sexual abuse complainants

Many child sexual abuse complainants find the adversarial trial process so distressing that they say they would never report abuse again. Their concerns stem largely from cross-examination, in which the lawyer acting for the accused attempts to discredit their evidence. We examined whether—and if so, how—Australian defense lawyers’ approaches to cross-examining child sexual abuse complainants have changed meaningfully over the past 60 years. To do this, we systematically evaluated cases that were prosecuted in the 1950s, comparing them to a matched set of cases from the turn of the twenty-first century. Despite the intervening law reforms designed to improve complainants’ experience in court, we found that, relative to their historical counterparts, contemporary child complainants of sexual abuse are actually subjected to far lengthier cross-examinations involving a much broader range of strategies and associated tactics. These findings have important implications for future legal practice and reform, and for the way in which these are evaluated.     

Predictors of legal intervention in child maltreatment cases.

Using information extracted from child protective services and criminal court records, this research examines the extent and nature of dependency and criminal filings in 833 substantiated intrafamilial child abuse and neglect cases reported in Denver (CO), Los Angeles (CA), and Newcastle (DE) Counties in 1985-1986. Techniques of chi-square and discriminant analyses were used to identify factors associated with dependency and criminal filings. Results indicate that legal intervention is rare: Dependency filings and prosecutions occur in just 21% and 4% of the sample, respectively, although treatment plan development and out-of-home placement of the child occur in approximately 75% and 50% of the sample, respectively. Eighty percent of cases with criminal filings proceed to trial or plea bargaining, with 92% resulting in conviction. Bivariate analyses indicate cases involving abandonment, sexual abuse, frequent maltreatment, and severe maltreatment are most likely to result in an initial dependency filing, while cases involving sexual abuse, severe maltreatment, a nonparent perpetrator, an ethnic minority perpetrator, a female victim, and a victim aged 7-12 years are most likely to result in a criminal filing. The multivariate analyses show the primary predictor of both dependency and criminal filings is whether the case involved sexual abuse. This finding reflects the widespread public and professional attention child sexual abuse has received in recent years.     

Parental substance abuse and the nature of child maltreatment.

The authors reviewed 190 randomly selected records from the case load of a large juvenile court. These records involved cases in which the state took legal custody of the children following a finding of significant child maltreatment, based on a "clear and convincing" standard of evidence. Sixty-seven percent (127/190) of these cases involved parents who were classified as substance abusers. The results of this study revealed specific associations between (a) alcohol abuse and physical maltreatment and (b) cocaine abuse and sexual maltreatment. Logistic analyses, testing for the effects of polysubstance abuse, revealed that additional forms of substance abuse failed to add significantly to the effects of alcohol in predicting physical maltreatment or cocaine in predicting sexual maltreatment.     

Consistency in children's reports of sexual and physical abuse

OBJECTIVE: The goal of the present study was to investigate the consistency of children's reports of sexual and physical abuse. METHOD: A group of 222 children, ages 3-16 years, participated. As part of legal investigations, the children were interviewed twice about their alleged experiences of abuse. The consistency of children's reports of sexual and physical abuse was examined in the two interviews, in relation to age, type of abuse, gender, memory, suggestibility, and cognitive capabilities. RESULTS: Older children were more consistent than younger children in their reports of sexual and physical abuse. Children were more consistent when reporting sexual abuse than physical abuse. Girls were more consistent than boys in sexual abuse reports. Consistency in sexual abuse reports was predicted by measures of memory, whereas consistency in physical abuse reports was not. Cognitive abilities did not predict consistency in sexual abuse or physical abuse reports. CONCLUSIONS: Implications for understanding children's allegations of abuse are discussed.     

Sexual abuse in the national incidence study of child abuse and neglect: An appraisal

The National Incidence Study of Child Abuse and Neglect was a major, government sponsored effort to collect data on reported and unreported child abuse. It used a systematic representative sample methodology and very precisely developed definitions of child abuse. This paper reviews some of the main limitations of the study in regard to findings on sexual abuse. First, there is probably less “new” data in the study on sexual abuse than on other forms of abuse, since so many of the study cases of sexual abuse were “officially reported” cases. In addition, the study limited its definition of sexual abuse only to cases where a caretaker was the perpetrator, a definition that is much more restrictive than what is used in many treatment programs. Finally, the data on perpetrators has a number of problems that stem from the study's definitions of sexual abuse. The paper makes suggestions for future incidence type studies of sexual abuse.     

Law enforcement officers as investigators and therapists in child sexual abuse: A training model

Law enforcement officers, often the first professionals to come in contact with a victim of child sexual abuse, can either increase or decrease the traumatic impact on the child and the family at the time of disclosure. The model for a training program for police officers in handling cases of child sexual abuse outlined in this paper is divided into three sections. The first part is directed towards theoretical issues involved in this problem, including an explanation of the history and background of sexual abuse of children by adults and of the difference in the dynamics of extra- and intrafamilial sexual abuse. The second part consists of a detailed explanation of different types of sex offenses and of standard physical examinations of sexual abuse victims. Graded slides of physical trauma geared towards wound identification are paired with relaxation exercises. The third section focuses on special considerations when interviewing sexually abused children. The difference between interviewing and interrogation, specific questioning techniques, and the use of videotape is explained. Each part of this training procedure is followed by a question and answer period and small group discussions for the purpose of encouraging disclosure and better understanding of the officers' personal reactions to cases of child sexual abuse.     

Two approaches to the handling of child abuse: A comparison of the English and Dutch systems

The legal and administrative systems for handling child abuse cases in England and The Netherlands are briefly described and it is argued that the two systems illustrate respectively the “legal” and “medical” models. The implications for this in practice are contrasted. In England the stress is on careful adherence to criteria for abuse, on procedures for placing children's names on child abuse registers, and removing them if they are no longer at risk, while in The Netherlands the stress is on family need with the abusive incident being regarded as no more than a signal that help is needed. This allows a much wider definition of abuse. In England sexual and emotional abuse are still relatively rarely used as grounds for intervention whereas in the Netherlands concepts such as “cognitive abuse” and “sexual neglect” are gaining currency. Other implications of the models such as differences in attitudes to confidentiality and public attitudes to authority and to seeking help are considered, as are the consequences for incidence figures. The handling of two cases with very similar circumstances are compared. Finally, it is argued that while each system might present the other with new ideas, the systems have to be seen in the social context of the two countries and neither system is likely to appear superior to professionals in the other country.