Sexual Abuse….. Where Maltreatment Collides with the Addicts’ Experience

1. Sexual Abuse….. Where Maltreatment Collides with the Addicts’ Experience Rev. Fr. John W. Cox Adapted from the Net Training Institute’s Sexual Issues

2. Sexual Abuse…..Primary Resources • U.S. Department of Heath and Human Services, Administration on Children, Youth and Families. Child Maltreatment 1999 (Washington, DC: U.S. Government Printing Office, 2001) • National Clearinghouse on Child Abuse and Neglect Information. • Allender, Dan, The Wounded Heart, (NavPress, Colorado Springs, Co., 1995) • Heitritter & Vought, Helping Victims of Sexual Abuse, (Bethany House Pub., Minneapolis, Mn., 1989)

3. Sexual Abuse…. • Course Introduction & Disclaimer • All information in the content of this couse is intended as introductory in nature. • It is for those seeking training in substance abuse counseling, compassion ministries and other human services in a lay, para-professional, or professional setting. • Legal, governmental, statistical and certifying bodies’ standards and definitions were researched and verified to the best of our ability, and were intended only as samples for the classroom students in the state of Florida, USA, at the time of production. • Course instructors and students are required by ethical standards to apply updated and appropriate legal, governmental, statistical and certifying bodies’ standards and definitions of their communities to their post-classroom knowledge and in-field practice.

4. Sexual Abuse…. • Course Purpose • The purpose of this video course is to introduce the student to aspects of sexual abuse most likely to be encountered in two areas; • their own personal lives, • and in the lives of those with whom they, as faith-based / Christ-centered caregivers, eventually may be working with as substance abuse counselors or as compassion ministers. • Specific introductory focus will be on three broad areas: • Sample legal, governmental, statistical and certifying bodies’ paradigms, standards and definitions • Impact on victims • Recovery issues

5. Child Maltreatment” • Child maltreatment is the general term used to describe all forms of child abuse and neglect. There is no one commonly accepted definition of "child abuse and neglect." • The federal government defines child abuse and neglect in the Child Abuse Prevention and Treatment Act as "the physical and mental injury, sexual abuse, negligent treatment, or maltreatment of a child under the age of 18 by a person who is responsible for the child's welfare under circumstances which indicate that the child's health or welfare is harmed or threatened. • Each state provides its own definition of child abuse and neglect. Child maltreatment encompasses physical abuse, sexual abuse, neglect and emotional abuse, which can be defined as follows:

6. Four Types of Child Maltreatment” • Physical Abuse • Emotional – Psychological Abuse • Sexual Abuse • Neglect

7. Sexual Abuse: a Type of Child Maltreatment” • Child Maltreatment 1999 • Reports From the States to theNational Child Abuse and Neglect Data System

8. Four Types of Child Maltreatment” • Physical Abuse • Nonaccidental physical injury as a result of caretaker acts. Physical abuse frequently includes shaking, slapping, punching, beating, kicking, biting and burning.

9. Four Types of Child Maltreatment” • Emotional – Psychological Abuse • The habitual verbal harassment of a child by disparagement, criticism, threat and ridicule.  Emotional or psychological abuse includes behavior that threatens or intimidates a child. It includes threats, name calling, belittling and shaming.

10. Four Types of Child Maltreatment” • Sexual Abuse • Involvement of dependent, developmentally immature children and adolescents in sexual activities which they do not fully comprehend and to which they are unable to give informed consent. Sexual abuse includes touching, fondling and penetration.

11. Four Types of Child Maltreatment” • Neglect • Failure of caretakers to provide for a child's fundamental needs. Although neglect can include children's necessary emotional needs, neglect typically concerns adequate food, housing, clothing, medical care and education.

12. # of children in the U.S. experienced or were at risk for child abuse and/or neglect (ACF 2003). % who suffered neglect (including medical neglect); % who were physically abused; % who were sexually abused % who wee emotionally or psychologically abused # of kids who died from maltreatment % of deaths from neglect % of deaths from physical abuse. 903,000 59% 19% 10% 7% 1,300 35% or 455 26% or 338 Sexual Abuse & Maltreatment in the AmericaThe 2001 data about child abuse & neglect cases known to child protective services (CPS) agencies in the U.S:

13. Sexual Abuse & Maltreatment in the America • The highest victimization rates were for the 0-3 age group (13.9 maltreatments per 1,000 children of this age in the population), and rates declined as age increased. • The sexual abuse rate for female children (1.6 female children for every 1,000), was higher than the sexual abuse rate for male children (0.4 male children per 1,000). • Victimization rates by race/ethnicity ranged from a low of 4.4 Asian/Pacific Islander victims per 1,000, to 25.2 African-American victims per 1,000. • Children who had been victimized prior to 1999 were almost three times more likely to experience recurrence during the 6 months following their first victimization in 1999 than children without a prior history of victimization.

14. Sexual Abuse & Maltreatment in the America A perpetrator of child abuse and/or neglect is one who has maltreated a child while caretaking that child. • Three-fifths (61.8%) of perpetrators were female. • Female perpetrators were typically younger than their male counterparts • 41.5 percent were younger than 30 years of age • compared to 31.2 percent of male perpetrators. • The most common pattern of maltreatment was a child victimized by a female parent acting alone (44.7%).

15. Sexual Abuse & Maltreatment in the America A perpetrator of child abuse and/or neglect is one who has maltreated a child while caretaking that child.(cont.) • Female parents were identified as the perpetrators of neglect and physical abuse for the highest percentage of child victims. • In contrast, male parents were identified as the perpetrators of sexual abuse for the highest percentage of victims. • Almost nine-tenths (87.3%) of all victims were maltreated by at least one parent. • One-fifth of victims (19%) were abused by both their mother and father. • Victims abused by a nonparental perpetrator accounted for only 13% of the total.

16. Sexual Abuse & Maltreatment in the America • CHILD FATALITY estimates are based on data recorded by CPS agencies and/or other agencies. • An estimated 1,100 children died of abuse and neglect. Slightly more than 2 percent (2.1%) of all fatalities occurred while the victim was in foster care. * • Children younger than a year old accounted for 42.6% of the fatalities • 86.1%were younger than 6 years of age. • Maltreatment deaths were more often associated with neglect (38.2%) than with any other type of abuse. • In the year 2001, an average of 2,475 children were found to be victims of child abuse each day. • Each week,(2001) child protective services (CPS) agencies throughout the United States receive more than 50,000 reports of suspected child abuse or neglect.

17. Child Maltreatment and Substance Abuse Discussion Paper Number 2 Spring 1996 • Relationship between substance abuse & all types of child maltreatment may be affected by parental AODA abuse. • The U. S. National Clinical Evaluation Study (Daro 1988) determined the frequency of various problems exhibited by families involved maltreatment. • Emotional Abuse……..61% • Physical Abuse…….…58% • Neglect………..………..53% • Sexual Abuse…………50% • “High Risk”……...……39% • Average for one type of maltreatment…..53% • When all 4 types are present……………..71%

18. From0.0 to 6.0 Rate Per/1,000 (white)to more than 20/1000 (dark green)Children

20. Child Sexual Behavior Inventory (Version 2) • A Service of the Children's Bureau, Administration for Children and Families,U.S. Department of Health and Human Services • For more information, contact:National Clearinghouse on Child Abuse and Neglect Information330 C Street, SWWashington, DC 20447Phone: (800) 394-3366 or (703) 385-7565Fax: (703) 385-3206 • Risk Assessment Protocol For Child Sexual Abuse

21. Child Sexual Behavior Inventory (v. 2, cont.) • Stands too close to people • Talks about wanting to be the opposite sex • Touches private parts when in public places • Masturbates with hand • Draws sex parts when drawing pictures of people • Tries or touches mother's or other womens’ breasts • Masturbates with object • Touches other people's private parts • Imitates the act of sexual intercourse • Puts mouth on another child's or adult's sex parts • Touches private parts when at home

22. Child Sexual Behavior Inventory (Version 2) • Child Sexual Abuse: Intervention and Treatment Issues User Manual Series • Author(s):  U.S. Department of Health and Human Services • Year Published:  1993 William Friedrich, Ph.D. • Please circle the number that tells how often your child has shown the following behaviors recently or in the last 6 months. • 0 = Never • 1 = Less than once per month • 2 = 1-3 times per month • 3 = At least once per week

23. Child Sexual Behavior Inventory (v. 2, cont.) • Uses words that describe sex acts • Touches animals' sexual parts • Makes sexual sounds (sighing, moaning, heavy breathing, etc.) • Asks others to engage in sexual acts with her/him • Rubs body against people or furniture • Inserts or tries to insert objects in vagina or anus • Tries to look at people when they are nude or undressing • Imitates sexual behavior with dolls or stuffed animals

24. Child Sexual Behavior Inventory (v. 2, cont.) • Shows private parts to adults • Tries to look at pictures of nude or partially dressed people (may include catalogs) • Talks about sexual acts • Kisses adults they do not know well • Gets upset by public displays of affection • Overly friendly with men they do not know well • Kisses other children they do not know well • Talks in a flirtatious manner • Tries to undress other children or adults against their will (opening pants, shirt, etc.) • Asks to look at nude or sexually explicit TV shows (may include videos or HBO-type shows)

25. Child Sexual Behavior Inventory (v. 2, cont.) • When kissing, tries to put tongue in other person's mouth • Hugs adults they do not know well • Shows private parts to children • If a girl, overly aggressive; if a boy, overly passive • Seems very interested in opposite sex • Tries to put mouth on mother's or other women's breasts • Other sexual behaviors (please describe)

26. Risk Assessment Protocol For Child Sexual Abuse • TYPE OF SEXUAL ABUSE • Sexual Talk • Exposure/Voyeurism • Fondle Outside Clothing • Fondle Under Clothing/Digital • Oral Sex/Genital/Anal Penetration • Pornography/Prostitution/Exploitation

27. Risk Assessment Protocol For Child Sexual Abuse • CHARACTERISTICS OF THE ABUSE SITUATION • Duration1. Short = 1 month 2. Long = more than 1 month • Number of Times1. Few = 5 or fewer2. Many = more than 5 • Use of Force (absent versus present)1. No force2. Force • Threats Regarding Disclosure0. No threats1. Mild threats2. Severe threats

28. Risk Assessment Protocol For Child Sexual Abuse • SUSPECT-VICTIM RELATIONSHIP • Out-of-house, unrelated • Out-of-house, related • In-house child/teen • In-house unrelated male, unrelated female • In-house uncle, grandfather, aunt, grandmother, cousin • In-house father, stepfather, adoptive father, foster father • In-house mother, stepmother, adoptive mother, foster mother

29. Risk Assessment Protocol For Child Sexual Abuse • POSSIBLE RESPONSE OF SUSPECT • Admits and takes responsibility • Admits but does not accept responsibility • Denies • Denies and blames victim

30. Risk Assessment Protocol For Child Sexual Abuse • OTHER INDIVIDUAL & FAMILY PROBLEMS: • Substance Abuse • No substance abuse • Substance use in the environment • Substance use by nonoffending parent • Substance use by suspect • Severe addiction of the suspect • Victim given chemicals during abuse

31. Risk Assessment Protocol For Child Sexual Abuse • OTHER INDIVIDUAL & FAMILY PROBLEMS: • Mental Retardation • No mental retardation in family • Nonoffending parent mentally retarded • Victim mentally retarded • Suspect mentally retarded

32. Risk Assessment Protocol For Child Sexual Abuse • OTHER INDIVIDUAL & FAMILY PROBLEMS: • Mental Illness • No mental illness • Victim emotionally disturbed • Nonoffending parent mentally ill • Suspect mentally ill • Physical Handicaps(completely,partially blind, deaf, amputee, sp. bifida, wheelchair bound) • None in household • Victim physically handicapped • Nonoffending parent physically handicapped

33. Psychosocial Indicators of Child Sexual Abuse • Sexual Indicators Found in Younger Children • These behaviors are high-probability indicators because they represent sexual knowledge not ordinarily possessed by young children. Statements indicating precocious sexual knowledge, often made inadvertently. • A child observes a couple kissing on television and says that "the man is going to put his finger in her wee wee." • A child comments, "You know snot comes out of Uncle Joe's ding dong." • Sexually explicit drawings (not open to interpretation). • A child draws a picture of fellatio. • Sexual interaction with other people.

34. Psychosocial Indicators of Child Sexual Abuse • Sexual Indicators Found in Younger Children… • Sexual aggression toward younger or more naive children (represents an identification with the abuser). • Sexual activity with peers (indicates the child probably experienced a degree of pleasure from the abusive activity). • Sexual invitations or gestures to older persons (suggests the child expects and accepts sexual activity as a way of relating to adults). • Sexual interactions involving animals or toys. • A child may be observed sucking a dog's penis. • A child makes "Barbie™* dolls" engage in oral sex.

35. Psychosocial Indicators of Child Sexual Abuse • Masturbation is indicative of possible sexual abuse if: • Child masturbates to the point of injury. • Child masturbates numerous times a day. • Child cannot stop masturbating. • Child inserts objects into vagina or anus. • Child makes groaning or moaning sounds while masturbating. • Child engages in thrusting motions while masturbating.

36. Psychosocial Indicators of Child Sexual Abuse • Sexual Indicators Found in Older Children • As children mature, they become aware of societal responses to their sexual activity, and therefore overt sexual interactions of the type cited above are less common. However, there are 3 sexual indicators that may signal sexual abuse. • sexual promiscuity among girls, • being sexually victimized by peers or nonfamily members among girls, and • adolescent prostitution.

37. Psychosocial Indicators of Child Sexual Abuse • Sexual Indicators Found in Older Children • Of these three indicators, the last, adolescent prostitution, is most compelling. • One study found that 90 percent of female adolescent prostitutes were sexually abused. • Although there has not been comparable research on male adolescent prostitutes, there are clinical observations that they become involved in prostitution because of sexual abuse.

38. Florida Mandatory Reports of Child Abuse, Abandonment, or Neglect: A Sample State Statute • The 2004 Florida Statutes, Title V, Chapter 39 • 39.201  Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline.–(partial) • 1)(a)  Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in this chapter, shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2).

39. Florida Mandatory Reports of Child Abuse, Abandonment, or Neglect A Sample State Statute (b)  Reporters in the following occupation categories are required to provide their names to the hotline staff: • 1.  Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons; • 2.  Health or mental health professional other than one listed in subparagraph 1.; • 3.  Practitioner who relies solely on spiritual means for healing; • 4.  School teacher or other school official or personnel; • 5.  Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker; • 6.  Law enforcement officer; or • 7.  Judge.

40. Florida Mandatory Reports of Child Abuse, Abandonment, or Neglect: CLERGY “Clergy as Mandatory Reporters of Child Abuse and Neglect - State Statutes Series 2004” • Source:  National Clearinghouse on Child Abuse and Neglect InformationYear Published:  2004 - Current through April 2004 • “Clergy not enumerated as mandated reporters but may be included with "any person" designation.” • “Privilege granted but limited to pastoral communications“ • “In approximately 18 States (Delaware, Florida, Idaho, Indiana, Kentucky, Maryland, Mississippi, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Utah, and Wyoming2) and Puerto Rico, any person who suspects child abuse or neglect is required to report.” • “That broad language appears on its face to include clergy as well as anyone else, but it is possible that the term has been interpreted otherwise.”

41. Sexual Victimization of Non-Minors • Sexual Assault/Rape - often referred to as rape, is legally defined differently in each state. • In New Jersey, the law defines sexual assault as "the penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated.“ • Penetration is defined as "vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or the insertion of a hand, finger or other object into the anus or vagina by either the actor or upon the actor's instruction" (NJSA 2C:14-1). • In most states the law, which is gender neutral, does not specify male or female, but uses the words "actor" and "victim" to describe the persons involved.

42. Sexual Victimization of Non-Minors (cont.) • Criminal sexual contact - is legally defined as "intentional, non-consensual touching by the victim or actor, either directly or through clothing, of a victim's or actor's sexual organs, genital area, anal area, inner thigh, groin buttock or breast, for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor,"

43. Sexual Victimization of Non-Minors (cont.) • Sexual Harrassment - is not included in the legal definition of sexual assault, but sexual assault can be a part of sexual harassment. • Within employment or school settings, sexual harassment is a form of sex discrimination that is prohibited by Title VII of the Civil Rights Act of 1964 under the Federal law. • Title VII defines sexual harassment as "unwelcome" sexual conduct that is a term or condition of employment (29 C.F.R. 1604. 11a).

44. Sexual Victimization of Non-Minors (cont.) • Sexual Harrassment:as defined by Statutes and Court decisions, means one of more of the following situations, in which the offensive acts are repeated after the target of the offensive acts has expressed her distaste for the acts and requested the offending person to stop - • Creating a hostile, unfriendly, stressful environment for the targeted person, with repeated incidents such as lewd jokes, and/or sexually suggestive photos and graphics displayed or sent to the victim, and/or name-calling of a sexually explicit or suggestive nature, and/or sexually suggestive touching of the targeted person, and/or "dirty tricks" against the employee who doesn't go along with the offensive acts.

45. Sexual Victimization of Non-Minors (cont.) • Sexual Harrassment (cont.) • Repeated requests for dates or sexual favors, and/or touching, grabbing or fondling the body of the targeted person, after she has made it clear to the harrasser that she wants no part of such requests or activities. • Stating, suggesting or implying that granting sexual favors will ease the path to promotion, and/or wage raises, and/or better treatment on the job. Source: FIBASH Inc. "Fight Back Against Sexual Harassment“ Diane Olinski, CEO, 60 E. Chestnut St., #422, Chicago, IL 60611

46. Sexual Victimization of Non-Minors (cont.) • Peer sexual harassment - occurs in a variety of forms that may include sexual assault or criminal sexual contact. • Other forms of this type of harassment include sexual comments, noises or gestures that threaten, scare, or make the victim uncomfortable. • The behavior of the perpetrator would determine what crime was committed.

47. Sexual Victimization of Non-Minors (cont.) Maritial/Date Rape • Legal definition varies within the United States, marital rape can be defined as any unwanted intercourse or penetration (vaginal, anal, or oral) obtained by force, threat of force, or when the wife/partner is unable to consent. • Rape in marriage is an extremely prevalent form of sexual violence, particularly when women who are involved in physically abusive relationships may be especially vulnerable to rape by their partners.

48. Summary of Florida Statutes • Sexual Battery- Chapter 794:  This section of the Florida Statutes contains the laws prohibiting the sexual battery of both adults and children.  • Sexual battery is defined as the oral, vaginal or anal penetration by or union with the sexual organ of another.  • Consent is a defense to sexual battery unless the victim is less than 12 years of age or less than 18 years of age when the offender stands in a position of familial or custodial authority.  • It should be noted that sexual battery upon a child less than 12 years of age is a capital felony with a mandatory life sentence.  • Voyeurism:  810.14:  This statute makes it a misdemeanor for a person with lewd intent to secretly observe or film somebody in a dwelling, structure or conveyance when the person observed has a reasonable expectation of privacy.  The statute makes no distinction between adult and child victims.

49. Summary of Florida Statutes • Lewd or Lascivious Conduct-Chapter 800.04:  This section of the Florida Statutes covers practically every lewd act performed on a child less than 16 years of age.  • Consent is not a defense to the statute, so if an individual has consensual sexual intercourse with a person less than 16 years of age, this statute is used instead of the sexual battery statute. • If in doubt about which statute covers a particular lewd offense, it is probably this one. • Unlawful Sexual Activity With Certain Minors-Chapter 794.05:  This section of the Florida Statutes covers sexual intercourse where the offender is 24 years or older and the victim is 16 or 17 years of age.  • Consent is not a defense to this charge. 

50. Summary of Florida Statutes • Child Abuse-Chapter 827:  This section of the Florida Statutes covers all child abuse.  • It is important to note that all child abuse charges are felonies.  • It should also be noted that the statute concerning contributing to the delinquency of a minor has recently been ruled unconstitutional by the 5th District Court of Appeals.  • This statute also makes it a felony to impregnate a minor less than 16 years of age.  • Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 784.085:This section of the Florida Statutes makes it a third degree felony to throw feces, urine, blood or semen onto a child.