Sexual Abuse in 8-year-old Child: Where Do We Stand Legally?

We have reporting herein two cases of victims of sexual abuse, both 8 years old girls, both presented with symptoms of irritability, withdrawn behavior, fearfulness, anxiety, and abusive language toward family members. These symptoms appeared following sexual abuse. We are highlighting early identifications of child sex abuse and discussed the legal aspects of child abuse and "protection of children from sexual offences act" 2012. Finally, we have discussed how to prevent such incidences including incorporating school awareness programs in targeted girls' group.

INTRODUCTION

Child sexual abuse (CSA) is the term describing criminal offences in which an adult engages in sexual activity with a minor for the purpose of sexual gratification. More than 70% of abusers are immediate family members and close acquaintance.[1] The Ministry concluded that 53.22% of children faced sexual abuse, of which 21.90% faced severe form in 2007.[2] The perpetrator and the victim may be of the same sex or of opposite sex. The sexual behaviors include touching breast, buttocks, and genitals, exhibitionism, fellatio, cunnilingus, and penetration of the vagina or anus with sexual organs or object. Sexual abuse also refers to sexual exploitation of children.[3]

Earlier, it was believed that there were no CSA in India. In India, many cases of sexual abuse are unreported or covered or protected in the family itself.

With time, awareness has increased and cases are surfacing out. We are presenting herein two cases of 8-year-old girls who were sexually abused and the consequences of the abuse and prevention strategies.

Magnitude of problem

WHO estimated that 150 million girls and 73 million boys under 18 years of age experienced forced sexual intercourse.[4] Highest prevalence of CSA was in Africa (34.4%) and Europe (9.2%). U.S.A and Asia had prevalence rates between 10.1% and 23.9%, respectively.[5]

In India, 53% of children faced sexual abuse, including 52.94% boys and 47.06% girls as reported in Study in 2007. In 50% of cases, the abuser was in a relationship of trust with the child. Every second child is being subjected to some forms of sexual abuse and every fifth child is facing severe forms of sexual abuse.[2] A total of 33,098 cases of sexual crimes against children were reported in 2011 and 26,694 cases in 2010 increase by 24%. Cases under procuration of minor girls increased from 679 in 2010 to 862 in 2011. Sexual abuse is highest in Madhya Pradesh (1,262 cases), followed by Uttar Pradesh (1,088 cases) and Maharashtra (818 cases). These states account for 44.5% of total child rape cases.[6]

Rape occurs in India every 20 min.[7] In 2011, more than 24000 cases were reported (70/day). Delhi police reveals that a woman is raped every 18 hours or molested every 14 hours. The conviction rate is extremely low (26%) in India.[8] There are 80,000 pending rape cases in India in 2011.[9] Nearly 963 pending rape cases in Delhi courts in 2011.[10]

CASE REPORTS

Case 1

DB, a 8-year-old girl, studying in fourth grade and from the Wardha District, was brought in April 2012. Her mother reported change in behavior in form of irritability, withdrawn behavior, sleep disturbance, decreased appetite, using abusive language toward parents and younger brother for the past 1 month. These symptoms succeeded the sexual abuse by a 60-year-old local milkman from the same village a couple of days back. Her mother accidently noticed a 20 rupees note in her school bag and during enquiry incidence of sexual abuse was revealed. The milkman used to tie her hands and gag her mouth and lured her by giving her money and abused her. The family lodged a police complaint and brought the girl to us for assessment and management. Police undertook medico-legal formalities prior to bringing her to us.

She was retained as a patient for 2 weeks. The girl has normal developmental history with well-adjusted premorbid temperament. After the incidence, her scholastic performance had deteriorated.

On examination, the girl was hiding herself behind her mother. She was well dressed, quiet, and had reasonable eye contact. She was frightened, hesitant, and anxious. She was hyper-vigilant and irritable. She was diagnosed with post-traumatic stress disorder. Family members were counseled regarding her condition and rehabilitation. In follow-up, we noticed difficulty in speech, nightmares, withdrawn behavior, anger, and outbursts. She was counseled. In subsequent assessment, we found that her family was boycotted by villagers. The social agency of the district with the help of police department relocated the family in a different village.

In a follow-up, her mother reported improvement. We continued with counseling and psychotherapy. At present, she is undergoing court proceedings, the case will come for hearing in a couple of year's time.

Case 2

RH, a 8-year-girl, studying in fourth grade, the lone child of her parents was referred to us for psychiatric assessment by local police with a history of sexual abuse by her landlord's 17-year-old son. She presented with complaints of fearfulness, palpitation, breathlessness, anxiety, nightmares, and school avoidance.

When her mother was bathing her, she noticed whitish discharge on her under garments. On enquiry, the girl narrated with fearfulness the whole incidence of sexual abuse by the landlord's son in her house under threat and coercion. Most traumatic aspect was that mother of child would keep the victim in protection of accuser's mother, as the parents were laborer. The police undertook medico-legal formalities prior to coming to us.

On examination, she was quiet, perplexed, anxious, and, at times, unhappy. A rapport was gradually established with her. Initially, she used to sit on mother's lap and cling to her. Gradually, she settled down. She looked very traumatic emotionally, a bit fearful, and her anxiety levels increased when she started narrating the incidence. While describing the incidence, she drew two figures lying down on cot, labeled them as herself and the accused on the top. She was so scared that she stopped going to school and out of home. She was diagnosed as having acute stress reaction.

A report was submitted to the police for court purposes. The Child and Women Welfare Officer was involved. She was counseled along with her mother.

DISCUSSION

CSA in children in any form is a psychologically traumatizing event, more pervasive than usually thought of and grossly under-reported than expected. We highlighted these cases with two purposes: one, child abuse is not uncommon in India and, second, we have discussed the legal aspects of the cases in light of CSA-2012.

There may be many more unreported cases. Single detailed interview will suffice if done properly.

Highlights of the protection of children from Sexual Offences Act 2012

The highlights are as follows: 1) The Act defines a child as any person below 18 years of age and provides protection from the offences of sexual assault, harassment, and pornography. 2) The Act has listed aspects of touch as well as non touch behavior. 3) The Act incorporates child friendly procedures for trial and special court to compete trial in a year. 4) For speedy trial, evidence of child to be recorded in 30 days of offence. 5) The attempt to commit an offence is also liable for punishment. 6) The Act also covers trafficking of children. 7) Burden of proof is shifted on accused. 8) Media is barred from disclosing the identity of the child.[10]

Inadequacies of Indian Panel Code Laws

Ordinary criminal laws do not include the common form of CSA. The restrictive interpretation of “penetration to section 375 is an obstacle to cases of CSA. Section 376(A) also has the same reasoning. The existing definition of rape and molestation be suitably amended to address the various types of sexual assault on children. Sexual assault on children should be made a specific offence requiring stringent punishment. In several cases, the girls have become adults by the time the final judgement comes through. The investigation of trial of sexual offences have to be made time bound. Finally amended in Juvenile Justice (Care and Protection) Act, 2000 is needed.”[11]

Early Identification of a perpetrator

1) Adult shows undue attention toward a child. 2) Insists on touching, hugging, kissing even when child does not want it. 3) Overtly interested in child's sexuality. 4) Constantly maneuvers to get time alone with children and has little interest with someone of her age. 5) Buys children expensive gifts for no apparent reason. 6) Frequently intrudes a child's privacy. 7) Allow the child to get away with undisciplined behavior.[12]

Parents and school teachers’ awareness

Speak up when inappropriate behavior is reported and talk about sexual abuse. Teach proper names of body parts and appropriate and inappropriate touching and whom to call for help.[12]