2022 - child sexual abuse

Table of Contents

INTRODUCTION

Child sexual abuse

Pooja was very young when she was sexually abused by someone known to her family. Looking back, it feels like she lost her childhood.

After the abuse, she started isolating herself from her family and friends and had problems sleeping with night terrors. she used to find it difficult to concentrate in school and had problems remembering stuff. To cope she used to self-harm.

Pooja was scared about what happened and didn’t know who to turn to-

Story of those Children who’ve faced abuse, neglect, and other incredibly difficult experiences.

What is Child Sexual abuse?

The definition of “Child Sexual Abuse” is a matter of discussion as there is no uniformly accepted definition of this problem. It has been defined as any kind of physical or mental violation of a child with sexual intent, usually by a person who enjoys the child’s trust or has powers over the child. It includes: –

An adult exposing his, or her, genitals to a child or persuading the child to do the same
An adult touching a child’s genitals or making the child touch the adult’s genitalia
An adult involving a child in pornography which includes showing a child pornographic material
An adult having oral, vaginal, or anal intercourse with a child
Any verbal or other sexual suggestion made to a child by an adult
An adult persuading children to engage in sexual activity among themselves
An adult inserting foreign objects into a child’s body for his, or her, own sexual gratification

Child Sexual Abuse covers sexual mistreatment of the child and can include activities that do not involve direct touching. The definition encompasses both adult males and adult females since Child Sexual Abuse is a crime committed by women as well even if their numbers are less when compared with male-perpetrators

Inadequate Existing Laws

There is no legislation in India dealing specifically with Child Sexual Abuse. . The Indian Penal Code (IPC) deals with the sexual abuse of children in the form of-

Rape

Unnatural practices

Outraging the modesty of a woman

Sale of minors

And Purchase of women

Other legislations for the protection of children are the Juvenile Justice Act, of 1986, and the Immoral Traffic (Prevention) Act, which provides stringent action against those inducting children into prostitution, but it does not deal directly with Child Sexual Abuse.

RAPE – The definition of rape suggests that the common forms of sexual abuse do not come under it. Therefore, ‘sexual intercourse as contained in S. 375 of the Indian Penal Code should include all forms of penetration. Thus various modes of Child Sexual Abuse should be made an offense under the IPC.

The sale and purchase of minors for prostitution is the subject matter of S. 372 & S. 373 of the IPC. But these two sections come into play only when the sale or purchase is for specified purposes i.e. prostitution or illicit sexual intercourse

The limitations of these sections can be remedied by ensuring that, whoever hires or sells a minor for any purpose, will be punishable. Also, there is a need to amend S. 354 & S. 377 so as to provide that the imprisonment awarded for the offences committed thereunder should be rigorous.

Further, there is a need to amend the Criminal Procedure Code to ensure the safety of the victim, probably going to the extent of establishing special courts to deal with the matter. Also, proper care should be taken while recording the medical evidence for the prosecution of the offence committed.

Only a female attendant should deal with the victim who has undergone such a traumatic experience. The trial proceedings should be conducted in such a manner so that the child is not abused again and again in Court. There has to be a sense of responsibility on everybody, from police officers to lawyers and even judges, as regards filing of complaints, examinations, cross-examinations, etc. to delivery of judgments.

Even if laws are amended and stringent provisions are made to punish the offenders, then also the child will have to face disgusting questions …. which will lead to his or her abuse again and again. Child Sexual Abuse has a really very bad effect on the child – physically and most importantly – mentally.

But the child is helpless because in most cases even if the child gathers the courage to tell an elder – he or she is simply asked to shut up for it will bring bad publicity and affect the family.

Some times family shut down for example- The mothers of 13-14 years old girls who are sexually abused, when told, are more worried about who will marry their daughters rather than how to deal with the offenders, who are, more often than not, their near and dear ones, which leaves the child with absolutely no option but to live with the trauma.

Facts and Figures

The Department of Women and Child Development (DWCD) report to be submitted to UN Committee on the Rights of the Child quotes surveys conducted by NGOs in Bangalore and Delhi which revealed that 70 to 80 percent girls had been sexually abused in their childhood and in a majority of these cases, the abuser was a relative or a family friend. The World Health Organization (WHO) says one out of every ten children in India is being sexually abused at any given point of time.

Spotting the signs of child abuse

The signs of child abuse aren’t always obvious, and a child might not feel able to tell anyone what’s happening to them. Sometimes, children don’t even realize that what’s happening to them is abuse.

There are different types of child abuse and the signs that a child is being abused may depend on the type.

For example, the signs that a child is being neglected may be different from the signs that a child is being abused sexually.

Common signs

Some common signs that there may be something concerning happening in a child’s life include:

Unexplained changes in behavior or personality

Becoming withdrawn

Seeming anxious

Becoming uncharacteristically aggressive

Lacks social skills and has few friends, if any

Poor bond or relationship with a parent

Knowledge of adult issues inappropriate for their age

Running away or going missing

Always choosing to wear clothes that cover their body.

These signs don’t necessarily mean that a child is being abused, there could be other things happening in their life that are affecting their behavior