DELAYED RESPONSES TO CHILD SEXUAL ABUSE, THE KAVANAUGH CONFIRMATION HEARING, AND ELIMINATING STATUTES OF LIMITATION FOR CHILD SEXUAL ABUSE CASES
The child's history "remains the single most important diagnostic feature in coming to the conclusion that a child has been sexually abused." It is worth noting that this lack of physical evidence in child sexual abuse may be problematic for lawyers seeking to introduce evidence in tr...
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Veröffentlicht in: | American journal of criminal law 2020-04, Vol.47 (1), p.1-45 |
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Format: | Artikel |
Sprache: | eng |
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Zusammenfassung: | The child's history "remains the single most important diagnostic feature in coming to the conclusion that a child has been sexually abused." It is worth noting that this lack of physical evidence in child sexual abuse may be problematic for lawyers seeking to introduce evidence in trial settings, but it is crucial to think of child sexual abuse along a type of spectrum, with acute abuse varying from nonacute abuse, and with consideration of the many forms of sexual abuse. Not all sex abuse cases culminate in rape or penetration. In fact, the misapprehension that physical evidence might become unavailable over an extended period of time is based upon a presumption that physical evidence existed in the first place, that it was readily available and that it required preservation. While that may be an accurate presumption in some cases, it is inapplicable in many--if not most--eases of child sexual abuse. |
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ISSN: | 0092-2315 |