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13 Sexual Offenses - 2016 PDF
13 Sexual Offenses - 2016 PDF
Sexual Offenses
RA No. 8353 (Anti-Rape Law, 1997)
Acts of Lasciviousness
Seduction
Seduction
Act of a man enticing women to have
unlawful intercourse with him by
means of persuasion, solicitation,
promises, bribes or other means
without employment of force
Qualified seduction
Simple seduction
Mara, 15
Clara, 16
Ana, 17
Seduction or Child Sexual Abuse
Are the laws on seduction applicable
when a man has “unlawful
intercourse” with a woman aged “>12
to <18 years old”?
WHAT DO CHILDREN KNOW
ABOUT SEX?
2 – 6 YEARS 7 – 12 YEARS
Consent
Equality
Coercion
Consent
Understanding what is proposed
Knowledge of societal standards for
what is proposed
Awareness of the consequences and
other choices
Agreements or disagreements will
be respected equally
Voluntary decision
Mental competence
Cooperation and compliance can occur
even without CONSENT.
Lower child’s
inhibition
Cooperation,
“consent”
Longitudinal Progression of Child
Sexual Abuse
Engagement
Sexual Interaction
Secrecy
Disclosure
Suppression
Engagement
Engages child around nonsexual
issues
Becomes friend
Meets psychological needs
Develops relationship
There is access and development of
relationship
Sexual Interaction
Perpetrator manipulates the
relationship developed in engagement
stage
Includes age inappropriate sexual
contact
Even if it does not progress to genital
fondling,may have inappropriate sexual
contact
Secrecy
Ensure access to the child
Facilitate a continuation of sexual
contact: secrecy is essential
Suppression
The case may enter a suppression
phase
Caregivers may not want to deal with
reality of disclosure
Perpetrators, caregivers, or relatives
may exert pressure on child that what
happened is fantasy
Children as “perfect victims”
Vulnerable
Easily persuaded to cooperate
Too ashamed to talk about it
Many unsatisfied needs
Deference to adults
Compliant, Non-Complaining Victims
Authority figure and satisfaction
needs
Feelings of guilt
Teenagers are highly sexual beings
Peer-group pressure
Brainwashing
Threats
Disclosure
Accidental disclosure
Third party observes participants and tells
someone else
Sign of physical injury
Diagnosis of sexual transmitted disease:
injury to the genital or anal area
Pregnancy occurs
Nonspecific behavior changes take place
Purposeful
Consciously reveal the abusive activity
Why some children don’t tell (1)
Authority figure
Satisfaction of
needs
Feelings of guilt
Compliant, non-
Peer-group
complaining
pressure
victims
Brainwashing (Do
not believe they
are victims)
Threats
Why some children don’t tell (2)
Stigma of homosexuality
Lack of societal understanding
Positive feelings for the offender
Embarrassment over their victimization
Child accommodation syndrome
Secrecy
Helplessness
Accommodation
Delayed, unconvincing disclosure
Retraction
Child vs Adult Sexual Abuse
Sexual abuse of children tends to
longitudinal pattern of abusive contact over
weeks, months or years prior to ending
with discovery
Perpetrator is frequently a trusted caregiver
Physical violence is a much more common
in adult sexual assault since the perpetrator
manipulates the child’s trust and the
perpetrator desire to avoid discovery
WHAT ABOUT THE TEEN-AGERS?
(on sexual knowledge & behavior)
Adolescence
Period of psychosocial development
beginning in the preteen years
usually in conjunction with pubertal
onset
average age of onset of male puberty: 11
to 12 years; range: 9 to 14 years
average age of female puberty: 10-11
years; range: 8 to 13 years
extending until the individual assumes
an adult role in society
Adolescent bodies mature before cognitive
development and emotional maturity.
The brain
develops in
sequence from
the least to most
complex.
These different
areas develop &
become fully
functional at
different times
during childhood
and adolescence.
Brain Development
Abstract Thought
Concrete Thought
Neocortex
Affiliation
"Attachment"
Sexual Behavior
Limbic
Emotional Reactivity
Motor Regulation
"Arousal"
Diencephalon
Appetite/Satiety
Sleep
Blood Pressure
Brainstem Heart Rate
Body Temperature
Planning Regulation of
Reasoning Emotions
Impulse Learning from
Control Experience
Thinking Weighing of
Ahead risks and
rewards
“Basic intellectual abilities reach adult levels
(around 16 years) before the process of
psycho-social maturation is complete.”
Immaturity
GAP
Capacity to reason
abstractly
Predict future
consequences
See things from
different perspective
The Immature Adolescent Brain
A preference for physical activity,
(cerebellum)
Difficulty holding back or
controlling emotions, (amygdala)
A preference for high excitement
and low effort activities: video
games, sex, drugs, rock 'n' roll
(nucleus accumbens)
Poor planning and judgment
(rarely thinking of negative
consequences), (prefrontal
cortex)
The Immature Adolescent
Wants to please friends
(more peer-orientated)
Difficulty projecting
what will happen next
or in the near future
(lack “future
orientation”)
Does not think of ways
to extricate self
Fail to consider options “That won’t happen to me.”
because she lacks
“I can handle anything.”
experience
The Immature Adolescent
Poor risk assessment
Less likely to perceive
risks
Less risk-aversive than
adults
Morality is learned.
Any sexual behaviors
Involving children
who are 4 or more years apart
or
any adolescent in a
sexual relationship with someone
4 or more years older
IS NOT NORMAL.
FORENSIC EXAMINATION
OF VICTIMS OF SEXUAL OFFENSES
Forensic Examination
Needs to be performed ASAP
not always possible
Adequately lit and equipped room where
privacy is guaranteed
child-friendly
Informed consent
limitations of the doctor’s confidentiality
Qualified doctor
Child Protection Specialist for children
Interview
Police or any other legal officer
hymen
lacerations
posterior
fourchette
Medical Evaluation
Shows definite evidence of sexual abuse or sexual
contact
Anogenital findings
Diagnostic of blunt or penetrative trauma
Suggestive of blunt or penetrative trauma
Normal but medical evaluation cannot exclude sexual
abuse
Further investigation is required when
There is no disclosure
P.E. is normal
There is a strong suspicion of sexual abuse
Some Terms No Longer Used
“Intact hymen”
“Marital introitus”
NO
“Virgin state” SCIENTIFIC
Size of hymenal opening BASIS.
“can admit 1 to 2 fingers”
Tanner Classification:
Development of the Secondary Sexual Characteristics
Tanner Stages: Hymen
I. Thin hymen, fine blood vessel pattern in
vestibule, small labia minora
II. Less prominent vascular pattern due to slightly
thickened and vestibule tissue
III. Thick hymen, superficial vessels not seen, small
labia minora, clear vaginal discharge
IV. Redundant hymen with thick projections, adipose
tissue below skin of textured vestibule, more
elastic hymen, pigmented labia minora (clefts
deepen, hymen begins to look like flower with
petals)
V. Long rugated labia minora, secretions
Other Hymenal Issues
Sexually transmitted infections
Other causes of hymenal tears
Vigorous physical activity
Biking, riding a horse
Menstrual blood
Masturbation
Use of tampons
Anatomy of the Female Genitalia
FOSSA
POSTERIOR NAVICULARIS
FOURCHETTE
labia
minora
vaginal
hymen opening
What we don’t know: What we know:
Exactly what object Majority of children with
caused injury history of SA have
When it occurred, once normal examination
injury has healed Complaint of pain /
How many times it bleeding is important
happened Children’s injuries heal
Who did it amazingly well and
early (at times,
completely)
Many findings mimic
abuse
Special exam
techniques frequently
needed
Evidence of Sexual Abuse/Non-
consensual Sex
Convincing disclosure
Corroboration (CSI)
Witnesses:
1.Victim (child or adult)
Medical evidence
2.Doctor
Sexualized behavior
GUILTY or NOT GUILTY?
Sexual Play
is exploratory and spontaneous;
occurs intermittently and by mutual
agreement;
occurs with children of similar age, size, or
developmental level, such as siblings,
cousins, or peers;
is not associated with high levels of fear,
anger, or anxiety;
decreases when told by caregivers to stop;
and
can be controlled by increased supervision
Problematic Sexual Behavior
Is a frequent, repeated behavior, e.g.
compulsive masturbation
Occurs between children who do not know each
other well
Occurs with high frequency and interferes with
normal childhood activities
Is between children of different ages, size,
developmental level
Is aggressive, force, or coerced
Does not decrease after the child is told to stop
Causes harm to the child or others
Children with Sexualized Behaviors