REPORT ON CHILD ABUSE AND NEGLECT

As Compliance to the requirement in: Medical Jurisprudence Presented By:

Emilia D. Severino
PSU School of Law Second Year

What is Child Abuse?

Under Section 3 (b) of RA 7610: Child Abuse Refers to the maltreatment, whether habitual or not, of the child below 18 years of age, which includes any of the following: Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreament; Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of child as a human being; Unreasonable deprivation of his basic needs for survival such as food and shelter; or Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity of death.

It's easy to identify some forms of child abuse, but difficult for other forms. The fact that a child experienced harm doesn't necessarily reveal abuse.
Child abuse is an action or inaction that harms a child. CHILDREN ARE ABUSED BY BOTH MEN & WOMEN.

Forms of Child Abuse

There are four major categories of child abuse:

Physical Abuse Sexual Abuse Emotional Abuse

Neglect

Physical Abuse
Non-accidental physical injury may include severe beatings, burns, biting, strangulation and scalding with resulting bruises, welts, broken bones, scars or serious internal injuries.

Physical Indicators of Physical Abuse

Bruises, welts, or burns shaped like

objects (iron, heater, etc.) Bruises in unusual places (eyes, back, mouth, buttocks, genital area, thighs) "Sock" or "Glove" burns on hands or feet Small round burns from cigarettes Rope burns on ankles, wrists, or torso Adult size bite marks Suspicious fractures Physical discipline administered with an object (i.e. belt, wooden spoon etc.) Marks from physical discipline that last more than an hour or so

After being punched in the mouth like this by his father, this child may never want to use these lips for a tender, affectionate kiss for his own children.

Behavioral Indicators in Child

avoids physical contact with others apprehensive when other children cry wears clothing to purposely conceal injury, i.e. long sleeves gives inconsistent versions about occurrence of injuries seems frightened by parents often late or absent from school comes early to school, seems reluctant to go home afterwards has difficulty getting along with others, little respect for others overly compliant, withdrawn, gives in readily and allows others to do for him/her without protest plays aggressively, often hurting peers complains of pain upon movement or contact has a history of running away from home

Sexual Abuse
Sexual abuse is any sexual
contact with a child or the use of a child for the sexual pleasure of someone else. This may include exposing private parts to the child or asking the child to expose him or herself, fondling of the genitals or requests for the child to do so; Oral sex or attempts to enter the vagina or anus with fingers, objects or penis, although actual penetration is rarely achieved.

Indicators of Sexual Abuse

Physical:
difficulty walking or sitting torn clothing, stained or bloody underwear pain or itching in genital area venereal disease, especially in preteens Pregnancy

Behavioral
Children often do not tell us with words that they have been sexually abused or that they have successfully resisted an assault and don't know quite what to do next. There are many reasons children might hesitate or be afraid to tell us about what has happened, including their relationship to the offender, fear of the consequences, retaliation or uncertainty about whether or not they will be believed.

Behavioral
Withdrawal or anti-social attitudes

Exaggerated interest in sex or "acting out" sex with other children Unusually seductive behavior Fear of intimate contact (hugging or sports) Torn, stained, or bloody clothing Sexual knowledge beyond their years and developmental ability

People of the Philippines Vs. Deolito Optana G.R. No. 133922 12 February 2001

Defilement of a child causes trauma that not only destroys her future, it painfully mars a young of this country. This is a case wherein sexual abuse was committed by a stepfather against his common-law-wifes 12 year-old daughter by a prior relationship, violating the trust reposed in him and robbing an innocent child of her future. Furthermore, the sexual abuse committed against the child has caused so much trauma that she manifested signs of depression and violence to the extent of killing herself. Consequently, she has to be committed to the National Center for Mental Health (the Center) for treatment and rehabilitation. This case likewise emphasizes the reasons why children who were sexually abused hesitate or afraid to tell someone about what has happened to them.

People Vs. Optana .contd

Effects of the Sexual Abuse: Major and Severe Depression In a rape committed by a father against the daughter, the formers moral ascendancy and influence over the latter substitutes for violence and intimidation. The experience has certainly caused great trauma on Rizalina that she had to be committed to the Center to undergo psychological and medical treatment for severe depression.

People Vs. Optana .contd Fear of disclosing the abuse committed on the childs person
There are several major factors why a child or adolescent would not disclose immediately that she has been sexually molested. First: Shame and guilt Since the victim underwent such trauma she feels that she is to be blamed; She feels that she has a part in the crime, which is why she doesnt tell anyone. Second: Threat imposes by the perpetrator to the victim The threat to life, the threat to property Third: Influence of the mother of being uncooperative with her in fighting for her right Whenever a child is abused, it is not the child or the victim which is just affected. It is the entire family. Sometimes, the mother and other relatives would rather choose to have the victim stay silent and not to disclose the abuse.

People Vs. Optana .contd

The Court took notice of these factors. To the accused, it strains credulity why the victim never said anything about the incidents until the discovery by the mother when she revealed that it was her step father who was responsible for her pregnancy. Delay in reporting the crime is understandable. It is not uncommon for young girls to conceal for some time the assaults on their virtue because of the rapist's threat on their lives.30 The case at bar is no exception to these well-founded rule. Rizalina never said anything to her mother of the many times the accused had sexually abused her for fear of her life. She was definitely afraid of her stepfather who threatened to kill her once she reports the matter to her mother.

Emotional Abuse
Emotional Abuse is a pattern of behavior that attacks a child's emotional development and sense of self-worth. Includes excessive, aggressive or unreasonable demands that place expectations on a child beyond his or her capacity. Constant criticizing, belittling, insulting, rejecting and teasing are some of the forms these verbal attacks can take. Also includes failure to provide the psychological nurturing necessary for a child's psychological growth and development -- providing no love, support or guidance

Indicators of Emotional Abuse

Observable Indicators
child rocks, sucks, bites self inappropriately aggressive, destructive to others suffers from sleep, speech disorders restricts play activities or experiences demonstrates compulsions, obsessions, phobias, hysterical outbursts

Behavioral Indicators
negative statements about self shy, passive, compliant lags in physical, mental and emotional development self destructive behavior highly aggressive cruel to others overly demanding

Neglect
Failure to provide for a child's physical needs. Includes lack of supervision, inappropriate housing or shelter; Inadequate provision of food; Inappropriate clothing for season or weather; Abandonment, denial of medical care; and Inadequate hygiene.

Indicators of Neglect
Any of the same signs as emotional abuse A child who is hungry most of the time A child who is wandering outside unsupervised A child unsuitably dressed for the weather A child who is continually dirty or wearing the same soiled clothes A child who consistently shows up early or stays late at school A child who is left home alone when too young, for extended periods of time, or who is left alone caring for siblings when too young or for extended periods of time

The Abusers
Abusers are family, friends and neighbors
"It is a sad irony that many abusers genuinely love their children, but they find themselves caught in life situations beyond their control and they do not know how to cope. They are often isolated from friends and family and may have no one to give them emotional support. They may not like themselves and may not know how to get their emotional needs met" Child abuse happens in all socio-economic, racial, ethnic and religious groups although it is now known that it does not occur equally over all groups.

Factors That Can Lead to Child Abuse

Stress

Unreasonable Expectations
Lack of Parenting Knowledge Financial Hardship

Family Background

Long-Term Effects of Abuse

Common problems for abused children include: Emotional problems Behavioral problems Poor performance in school Further abuse
While these effects are not always obvious, they are important. Long-term studies of low achievers, runaways, drug abusers, prostitutes and incarcerated individuals paint a disturbing picture. Abuse is a consistent and pervasive element in their backgrounds. Low self-esteem and poor self-concept are ever-present. Knowing this, there can be little doubt that children who are abused, as well as adults who were abused as children, need assistance to resolve the questions that the abuse experience has raised, even if that assistance does not come until years after the abuse.

A bud plucked from the stalk would never have its chance to blossom. A young plant prematurely clipped of its branches would never develop and grow to its full and natural potential. Both would need care and attention to be able to recover and mend. In the ultimate end, however, what has been lost could never be regained or restored.
-Del Castillo, J.People vs. Estrada G.R. No. 178318 January 15, 2010

Supreme Court Decisions on Child Abuse

People vs. Melchor Cabalquinto De Ocampo vs. Sec. of Justice People vs. Baring, Jr. G.R. No. 167693 19 Septempber 2006 G.R. No. 147932 25 January 2006 G.R. No. 137933 28 January 2002 G.R. No. 133922 12 February 2001 G.R. No. 184600 9 March 2010 G.R. No. 130210 9 March 2010 Sexual Abuse of an Eight year old daughter Child Abuse resulting to death of the child Statutory Rape Rape committed against a 7y/o girl Sexual Abuse against a 12y/o step-daughter Sexual Abuse Incestuous Rape Murder in relation to sexual abuse (sodomy) of a child

People vs. Optana

People vs. Dimanawa People vs. Diaz Alias Jimboy

Sources: Photos, Articles, Cases and Video

http://dreamcatchersforabusedchildren.webs.com/whatischild abuse.htm www.lawphil.net http://www.violence.de/prescott/hustler-new/article.html http://www.newhorizonscrisiscenter.org/ac.htm

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