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Child Sexual Abuse Law And Penalties

Child sexual abuse is defined as inappropriately exposing or subjecting a child to sexual contact, activity, or behavior. Sexual abuse includes oral, anal, genital, buttocks, and breast contact. It also includes the use of objects for vaginal or anal penetration, fondling, or sexual stimulation. Exploitation of a child for pornographic purposes, making a child available to another as a child prostitute, and stimulating a child with inappropriate solicitation, exhibitionism, and erotic material are also forms of sexual abuse. Non-contact behaviors, such as voyeurism, indecent exposure, and sexual remarks to children, also constitute sexual abuse.

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Children are more vulnerable to sexual abuse if they have already experienced abuse of some kind. Children who live in families where there is child neglect, for example, are more at risk. Disabled children are 3 times more likely to be victims of sexual abuse, especially if they have difficulties with speech or language. Children can also be at risk when using the internet. Social media, chat rooms and web forums are all used by child sex abusers to groom potential victims.

The physical signs of child sexual abuse are often hard to detect, as most perpetrators avoid physically harming their victims so they can repeat the activities over time. Because of this dynamic and the fact that children generally disclose long after the last contact, few children will have diagnostic findings.

Child sexual abuse can be very different from rape, where force and restraint are used and signs of injury are generally present. When children are injured as a result of sexual contact, they may present with vaginal or rectal bleeding; genital pain, itching, swelling, or discharge; difficulty with bowel movements; painful urination; and recurring complaints of stomachaches and/or headaches. Few children present with extragenital trauma to the breasts, buttocks, lower abdomen or extremities. Children can also contract sexually transmitted diseases or become pregnant as a result of sexual abuse.

Sexual abuse can cause serious physical and emotional harm to children both in the short term and the long term. In the short term, children may suffer health issues, such as sexually transmitted infections, physical injuries and unwanted pregnancies. In the long term, people who have been sexually abused are more likely to suffer with depression, anxiety, eating disorders and post-traumatic stress disorder (PTSD). They are also more likely to self-harm, become involved in criminal behaviour, misuse drugs and alcohol, and to commit suicide as young adults.

While state laws differ significantly, a conviction for child sexual abuse typically brings with it one of several criminal penalties.

Fines. A conviction for child sexual abuse can result in a substantial fine. State laws differ widely on the fines imposed for a child abuse conviction, but fines of several hundred to several thousands of dollars are common.

Incarceration. Jail or prison sentences are very common with child sexual abuse convictions. A misdemeanor conviction may bring a few days, months, or up to a year in jail, while felony convictions can easily result in sentences of 10 years or more in prison.

Probation. Probation sentences are often included with child sexual abuse sentences. A court, for example, may give a probation sentence to a couple who exposed their child to domestic violence. Probation terms typically last at least six months but can last a year or more. If a person violates the probation terms in that time, the court may then impose the original jail sentence, fines, or additional probation.

Other penalties. When child sexual abuse involves a parent, guardian, or someone with legal custody of a child, a court can also limit parental rights. Courts can impose restraining orders, place a child in protective custody with a state agency or foster family, require that the parent only visit the child with the supervision of a court-appointed monitor, order individual or family therapy, or even remove a parent’s right to care for the child.