Crimes Against Children: Incest - Research Paper Example

? Crimes against Children: Incest Crimes against Children: Incest Table of Contents Introduction to Sexual Abuse 3 Incest 4 Prevalence of Incest in the Western and Asian societies 4 Laws for Incestuous crimes 6 Types of intra-familial child abuse 6 Categories of incestuous fathers 7 Sibling incest 8 Mother-child incest 8 Vulnerability and risk factors 9 Effects on the victimized child 9 Outcomes of incest on the families 11 Preventing incestuous crimes against children 11 Therapies for the affected children 12 Communicating with your child about sexual abuse 12 Conclusion 13 References 13 Crimes against Children: Incest Introduction to Sexual Abuse Sexual abuse against children is a very widespread and alarmingly common crime prevalent in our societies. Child sexual abuse appears in various manners as performed by the sexual offenders. Abuse is performed in a wide range of criminal behaviors which include contact sexual abuse such as touching private parts, oral sex or penetrating anus, vagina or mouth. However, some offenders also show pornographic images or videos to children, or use the children for such purposes or force them to engage in sexual activities with others. All these forms are also considered as a form of child sexual abuse (Cling 2004). The sexual offenders are also not just limited to the strangers or unknown criminals but many offenders turn out to be people the victims know, sometimes even their family members. Although in almost every case abuse is resisted, however, even if the child does not resist to adult-child sex, it is considered a crime because of the large age difference and the power discrepancy between them. Estimates of the rates for child sexual abuse show that 7% to 36% girls are victims and 3% to 29% of the boys have been affected. However, most likely scenario is that 20% to 25% of women have been sexually abused as children while one out of every six men was sexually offended (Rosenthal 2012). In spite of the estimates the rates of child sexual abuse are thought to be even higher, because this crime is considered as quite under-reported and investigated. The main reason for this that children are mostly too scared of their offenders who are mostly known elders and hesitate in reporting or sharing their abuse history. The increasingly endemic child sexual abuse in the recent years has called for enhanced investigations into this criminal offence against children, proper reporting, punishments and management of the abuse victims. An aspect that is more gruesome and frightening is that, child sexual abuse has been observed closer to home. Intra-familial childhood sexual abuse or incest has become one of the major public health concerns over the recent years (Kim & Kim 2008). Because of the greater dangers posed by this particular sexual crime against children, it is important to know the various patterns, types of sexual offenders, causes and circumstances leading to incest, effects on the victims and the vulnerability of the children which places the offender in a powerful position. Incest Incest is defined as “sexual contact between people who are related by blood or adoption, or who have a care giving relationship, such as step-parents and step-children” (Rosenthal 2012). When the legal definition of incest is observed, it is a part of the Child Abuse Prevention and Treatment Act. This Act defines, sexual abuse as “(a) the employment, use, persuasion, inducement, enticement or coercion of any child to engage in or assist any other person to engage in any sexually explicit conduct or simulation of such conduct for the purpose of producing any visual depiction of such conduct, or (b) the rape, molestation, prostitution, or any other such form of sexual exploitation of children, or incest with children” (Flowers 2006). As evident from the Act, legally incest forms a vital part of sexual abuse against children and is a punishable act by every state. Recent studies have brought forward that a minimum of 20% of women were victims of incest during their childhood. The most common pattern of incest observed is the father-daughter incest which is then followed by uncle-niece, stepfather-stepdaughter, brother-sister and incest between cousins (Rosenthal 2012). Prevalence of Incest in the Western and Asian societies Incest is not only prevalent in the Western communities but also the Asian world, however, it is quite underestimated and under-reported as compared to the western world because of the cultural restrictions and taboos. Moreover, it is also under-estimated because of the misunderstandings and views regarding the definition of incest. Many define incest only as sexual intercourse between members of family while in practice; incest also includes acts of touching or fondling of sexual parts, oral sex, vaginal or anal intercourse or masturbation. The difference in the understanding of the definition of incest affecting the reporting and investigation of incest cases is a primary cause of its under-reporting. The percentage of adolescents experiencing father-daughter incest in Korea is 18%, brother-sister incest 23% and relative-child incest is 21%. (Kim & Kim 2008). Many reasons have been described as the etiological factors for the abuse against under-age persons due to various reasons such as intellectual deficiency, mental illness, and arrested psychosexual development, degenerative diseases such as alcoholism, trauma such as cerebral trauma or history of family dysfunctions or childhood history of abuse (Burgess & Groth 1978). A sexual offender or child molester is usually very much older than the children and his/her sexual desires or urges are directed towards prepubertal children (Burgess & Groth 1978). According to the National Children’s Advocacy Centers between January and June 2009 an estimate of 103,000 offenders under suspect were investigated by law enforcement agencies nationwide. More than 32,320 of the suspected offenders were parents of the sexually abused children, 21,710 were other relatives and 6,420 were step-parents (Rufo 2012). The estimates of the total sexual offenders and the amount of offenders that had familial relations to the abused children shows, the increasing frequency of incest crimes against the children. Not only in United States, but also in other parts of the world such as the Korean adolescents mentioned earlier. Laws for Incestuous crimes The laws for incestuous crimes are strict and rigid in most parts of the world, especially regarding child abuse. Incest is stated as a statutory crime in most of the jurisdiction courts of United States. The laws are basically designed to prevent any kind of sexual intercourse or contact between members of a family, although the laws are variable from one state to another state. Some states allow consensual adult incest as it is performed without any resistance and no victim is involved. In Illinois, the criminal code states that a person who performs the crime of incest will be punished less strictly as compared to molestation of a stranger’s child. Some states even discount the charges because the criminal charges become a financial burden on the family (Rufo 2012). In United States, Congress passed the Child Abuse Prevention and Treatment Act in 1974 which served as a very influential step in the legal history of sexual abuse. After the passing of this act, thousands of feminists, professionals and writers came forward with cases of child abuse and incest (Cling 2004). Many jurors have a difficulty convicting a family member in cases of incest against children, until there is enough evidence to support it. The reason being the secretive and terrified position of the child as children seldom comes forward with the abuse cases. If the child gathers up the courage to speak, his/her testimony is not sufficient evidence because; it is only a child’s word against the offender (Rufo 2012). In Australia and Germany, strict laws against incest are also enforced. It is important to mention here that, incest between two consensual adults and incest as sexual abuse against children are two separate criminal actions (Lauterwein 2010). Types of intra-familial child abuse The intra-familial child abuse can be divided into three main categories. These include (1) familial sexual abuse (2) extended sexual abuse and (3) other familial sexual abuse. The first category involves the offender or aggressor as a part of the nuclear family such as father, sibling or mother. Extended familial abuse includes incest in which the aggressor belongs to the non-nuclear family and could be an uncle, aunt, grandparent or cousin. The assailant in the third type of incest is usually a step-parent or step-sibling, foster parent or foster sibling. Any other offender is also included which is considered a member of family but falls outside the family roots (Flowers 2006). The incest relationships of the familial sexual abuse can be divided according to various family members. Father-daughter incest, father son incest, mother-son incest, mother-daughter incest, sibling incest, grandfather incest and multiple incestuous relations are some of the major and commonly observed types (Flowers 2006). As mentioned earlier, father-daughter incest type is the most commonly observed. Categories of incestuous fathers The five different types of incestuous father have been described by a study carried out by Williams and Finkelhor. Type 1 is an offender who usually molests the child before the age of six and continues till puberty. He is characterized by special interests in the victim. Type 2 incestuous father is an adolescent regressive offender. He doesn’t start molestation before the child reaches puberty and has conscious sexual desires for the child. Type 3 is an instrumental sexual gratifier. This type uses the child as a medium to satisfy his sexual fantasies. Type 4 is an emotionally dependent incestuous father. This type doesn’t have sex as the main goal but is rather depressed and lonely and tries to build up a “romantic relation” with the child. Type 5 is usually an angry retaliator. He has very low sexual arousal, however uses sexual assault more to vent out his anger (Rufo 2012). The incestuous father is mostly middle aged, suffers from depression, has experienced rejection from partner or suffers from low sexual potency. Williams and Finkelhor also estimated that 43 percents of the incestuous fathers also presented with substance abuse while 43 percent of the molesters had marital dysfunctions. A much higher rate of incestuous crime is observed in the step-father-stepdaughter category. Father-son incest is quite rare but the existence cannot be denied (Flowers 2006). Sibling incest Sibling incest is another form of incestuous crimes against the children. The definition of sibling incest has been described differently in various studies. Some define it as “sexual relation between individuals who have one or both parents in common”. On the other hand, some researchers label sibling incest as “psychological incest” during which the siblings cross the sexual limitations that should remain intact between members of a family. In recent studies, some researchers even labeled it as a less serious incest as compared to father-child incest and were thought as “sexual experimentation” among the children. However, clinical patterns show that most of the time, the older sibling takes the form of an abuser of the younger sibling usually against his/her will (Tidefors et al 2010). In mostly sibling incest cases, the older male sibling is the abuser while the younger sibling who is mostly a female is the victim (Flowers 2006). When observing the prevalence of sibling incest, a study in 200 estimated that 51% of the incest cases were sibling incest crimes. Family structure has been observed mostly quite dysfunctional in the sibling incestuous cases (Tidefors et al 2010). Although, sibling incest and abuse against younger siblings, is not highly reported as compared to father-child incest, it requires equal attention as even minor incidences might leave negative effects on the child’s future life. Mother-child incest Studies have brought forward that 11 to 33 million people have been an active part of incestuous relationships in United States. Only a 2 percent of the total interfamilial relationships have been reported as mother-son and mother-daughter incestuous abuse. Mother-child incest has been left unnoticed usually as females play a quite insignificant role in abuse. Moreover, they are the child-bearers and play a significant role in their development and growing up and to some extent share sexual information with their child. Because of these reasons, sometimes, sexual abuse might go unnoticed or not reported, if it has been performed (Flowers 2006). Vulnerability and risk factors Sexually abused children and their families usually present with some common features. It is important to differentiate between “vulnerability” and “risk factors” to understand the individual characteristics and the environmental traits playing a part in sexual abuse. Vulnerability is defined as trait of a child such as his/her small stature, lonely attitude, shyness or less social interaction which makes the child more likely to be victimized. Risk facts are the various circumstances in the environment that enhance the chances of sexual abuse exposing the child to sexual offenders such as a step-father who is alcoholic or living with a single-parent. Incest is most likely to occur in families which have the mother as a previous victim of sexual abuse. Mother-son incest risks rises if the boy is living with a single-parent mother with low financial conditions. Younger children are at more chances of sexual abuse by known family members or extended family members because of their developed trust for them, which are characterized by inter-personal trust. As the child grows older, his/her responses and trust levels for strangers and family members also changes (Baruah 2002). Effects on the victimized child Incest has traumatic effects on the victim i.e. the child not only physically, but also socially, psychologically and on his growth and development. For some children, the effects might be short-term while for the others they remain painful and frightening for the entire life. Young incest victims usually suffer from physical effects which include internal bleeding, injuries to vagina or anus and stomach, sexually transmitted diseases and cases of bed-wetting. However, the adult victims mostly suffer from flashbacks, eating disorders, drug abuse, social and emotional issues and problematic sexual circumstances (Flowers 2006). Children are also exposed to a plethora of psychological problems after the abuse and as they grow up. They may experience nightmares, flashbacks, confusion because of the physical abuse, addictive behavior, prostitution or promiscuity, depression, loneliness, cognitive or behavioral problems, dropping out of school, anxiety or age-inappropriate sexual behavior, post-traumatic stress disorder or secretive attitude and trust issues (Rufo 2012). Therefore, a difference of symptoms and after-effects is observed in young toddlers and preschoolers and the adolescents. The younger victims experience more fear, confusion, hyperactivity, physical symptoms and nightmares while the adolescents show symptoms of suicidal tendencies, running away, addictions or self-injurious behavior. Research studies showed that incest victims present with higher levels of certain psychological characteristics such as hostility, somatization, phobic anxiety, paranoid ideation, obsessive-compulsive behavior and interpersonal sensitivity. This brought forward that intra-familial sexual abuse had highly devastating psychological outcomes in the victims (Kim & Kim 2008). Furthermore, victims of incest also share feelings of guilt, denial, anger, self-blame, anger and distrust. Many studies have also proved a strong relationship between incestuous childhood abuse and later incest offending or other types of child sexual abuse (Flowers 2006). The incestuous crimes against children and adolescents leave not only painful physical signs but also long-term mental and social traumatic effects. Strong relation has also been observed that intra-familial sexual abuse leads to the development of adolescent sexual offenders outside the families. Thus, incest may serve as a training ground for future sexual offenders! Outcomes of incest on the families Incest does not only affect the children but also the intact or already separated families of the victims. Usually in cases of father-child incest, when the father is taken under custody and the child is rescued, the family experiences several financial and emotional after-effects. The income of the family declines; mother is faced with more burdens. Furthermore, the mother’s emotional status is also unstable as she experiences guilt, anger, depression, and anxiety because of the incestuous incidents. In these cases, the child finds no help from her/his mother as she is herself coping with her post-disclosure issues. Studies show, that mother’s support plays the most crucial role in child’s recovery from sexual abuse (Cling 2004). The legal procedures are another burden on the family both physically tiring and financially over-burdening. Many children also blame their mothers for the abuse which further scars the mother-child relationship as well. Even during therapy sessions for the psychological symptoms of the child, mother’s support is pivotal as the child shows improvement with her mother’s encouragement. Preventing incestuous crimes against children Preventing child abuse specifically incestuous crimes is important to avoid affecting the child’s life at such a tender age in a horrifying and painful manner. According to the “Save the Children Norway, 2005,” a prevention plan is described as “A proper prevention policy needs to include cooperation between the educational, health, social, child protection, police, and judicial sectors and target not only children at risk but also the potential offender. A successful strategy has to attack the problem on different fronts in a holistic manner” (Lalor & McElvaney 2010). Prevention of the abuse can be obtained through media campaigns, school-based prevention programs and therapy of suspected abusers. An example of an effective and WHO-guidelines based prevention strategy is the “Tripe P Positive Parenting Program” developed in Australia which focuses on prevention through various programs, interventions, intensive training for parents and services to family issues Application of this program has shown to improve various aspects in other parts of the countries as well such as Europe, Switzerland, United Kingdom, China, United States, New Zealand and Hong Kong (Lalor & McElvaney 2010). Therapies for the affected children Therapeutic intervention after a case of abuse has occurred is essential to support the abused child and the families in recovering from the incident. Many children do not require any therapeutic intervention while some need help through various therapies which are sometimes a very lengthy and emotionally stressful process. Psychotherapy including cognitive-behavioral therapy and abuse-specific therapy, family therapy, group therapy and psychoderma are effective in the recovery of the child but the outcomes are positive if the parental support is present (Lalor & McElvaney 2010). Although various therapies have been formulated by the researchers but therapy is only helpful if the child has support from his mother or father during the whole procedure. Communicating with your child about sexual abuse Recently the news reported of an incestuous crime where a father, Charles Shamblin, was jailed for fathering three children of her fourteen year old daughter. The paternity test proved that the children were Shamblin’s and was jailed on the basis of sexual assault, incest and abuse. According to the news, the community knew about the incest and assault against the daughter but did not take any action (Thompson 2012). The news report brings forward an appalling incident and reflects that incestuous crimes are still prevalent in spite of the government actions, preventive programs and criminal laws. It is important that a proper communication with the child is developed regarding sexual abuse. Parents should talk with their children about sex and educate them. They should teach them not to trust strangers even if they are their family members blind-folded and should have the courage to say no to anything uncomfortable and share it openly with their parents. Furthermore, children should also be taught the difference between “good touch”, “bad touch” and “private touch” (Rosenthal 2012). Conclusion Incestuous crimes are prevalent in our society at alarming rates and are becoming the cause of severe psychological, social and emotional distress for victims and their families. Incest is a multi-causal crime and is brought about by various family circumstances, child’s vulnerability and parent-child relationships. It is important to report any such incident to bring an early stop to this heinous crime. Not only close relatives but friends and community members should also report to the police if they observe any symptoms of incest in the child. Recovery and reduction of the after-effects of incest can only be brought about by the help of the parent’s specifically mothers. References Burgess, A W & Groth, N. (1978). “Sexual assault of children and adolescents”. Lexington, Mass. : Lexington Books. Baruah, A. (2002). “Crimes against children”. Delhi : Kalpaz Publications. Cling, B J. (2004). “Sexualized Violence Against Women and Children: A Psychology and Law Perspective”. New York : Guilford Press. Flowers, R B. (2006). “Sex Crimes: Perpetrators, Predators, Prostitutes, And Victims”. Springfield, Ill. : Charles C. Thomas. Kim, Hon-su and Kin, Hyon-sil. (2008). “Juvenile delinquency and youth crime”. New York : Nova Science Publishers. Lalor, K and McElvaney, R. (2010). “Child sexual abuse, links to later sexual exploitation/high risk sexual behavior and prevention/treatment programs”. Trauma Violence Abuse 2010 DOI: 10.1177/1524838010378299. Lauterwein, C C. (2010). “The limits of criminal law : a comparative analysis of approaches to legal theorizing”.  Farnham, Surrey ; Burlington, VT : Ashgate Pub. Rufo, R A. (2012). “Sexual predators amongst us”. Boca Raton, FL : CRC Press. Rosenthal, M. (2012). “Human sexuality: from cells to society”. Wadsworth Pub Co. Thompson, P. (2012). “Man jailed for incest after fathering daughter’s three children when she was just fourteen”. Daily Mail Online. Retrieved from: http://www.dailymail.co.uk/news/article-2177232/Charles-Shamblin-Jr-Man-jailed-incest-fathering-daughters-children-just-FOURTEEN.html Tidefors, I, Arvidsson, H, Ingevaldson, S and Larsson, M. (2010). “Sibling incest: A literature review and a clinical study”. Journal of Sexual Aggression: An international, interdisciplinary forum for research, theory and practice, Volume 16, Issue 3, 2010, DOI:10.1080/13552600903511667. Read More