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Domestic Violence and Children | Child Sexual Abuse
Child Sexual Abuse as a
California Domestic Violence Crime

 

Child abuse occurs when a parent performs physical, emotional, or sexual abuse against his or her child. It is classified as a domestic violence crime in the state of California. A parent who sexually abuses his or her child will be prosecuted as a domestic abuse offender and a conviction leads to increased legal consequences. In addition to the criminal penalties, the parent will also have consequences in terms of child custody and may be forced to register as a sex offender with the state.

Any activity performed with a child for the purpose of sexual gratification constitutes child sexual abuse. Some of the activities involved are sexual touching, intercourse, asking a child to expose his or her sexual organs, and exposing a child to pornography. Child sexual abuse affects families from every social, economic, and ethnic background and is increasingly problematic in this country. Although most reported sex offenders are male, women have also been convicted of this offense. The abuse can occur between a male and a female or two persons of the same sex.

Sexual abuse has a devastating impact on children. The repercussions the child may experience manifest in various ways, usually depending on the child’s age. Children who are victims of child abuse sometimes display common symptoms such as physical complaints of headaches or stomachaches, eating disorders, and genital or rectal symptoms such as burning, itching, or being unable to control one’s bowels. They also show social symptoms including high-risk sexual behaviors, drug and/or alcohol abuse, withdrawal from social groups, and depression or anxiety.

The legal consequences of a child sexual abuse conviction vary depending on the age of the child, the specific crime committed, and on the severity of the acts. Penalties include: formal probation, registration as a sex offender, and incarceration. In addition to these criminal consequences, custody issues usually come up and a conviction increases the likelihood that the parent will lose his or her child. If the victim is under 13 years of age, the court may impose an even more severe penalty. If a man commits child sexual abuse on a child under the age of 13, he may be subject to chemical castration upon a first conviction for offenses such as sodomy, lewd or lascivious acts, oral sex or rape and must undergo mandatory chemical castration upon a second conviction, regardless of whether the child was his own.

Anyone suspecting that a child is the victim of sexual abuse by a parent or someone totally unrelated should report such activity immediately. There are several agencies that offer guidance and resources, including Childhelp USA (1-800-4-A-CHILD), the Darkness to Light (1-800-FOR-LIGHT), or the National Children's Alliance (1-800-239-9950).

A person charged with domestic violence, especially child sexual abuse, needs a skilled attorney to help navigate the complex and punitive legal system. The trusted attorneys at the Kavinoky Law Firm can offer assistance in all aspects of the situation. They have a great deal of training in California’s domestic violence laws and can educate a defendant about the best way to proceed. It is important to consider all the options and a skilled attorney from the Kavinoky firm understands the delicate nature of domestic abuse.

 
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