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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