The law on childhood sexual abuse

Dear Readers,

Just in case you missed last week’s edition of the HIV/AIDS Mailbox, we encourage you to catch up this week on this very important topic of Child Abuse, with particular reference to Childhood Sexual Abuse and the penalties as outlined in the Sexual Offences Act 2010, assented to by President Bharrat Jagdeo last Monday. Unfortunate though Childhood Sexual Abuse is, and whether or not we want to believe it, it is happening; and with much more frequency than reported.  It is therefore advisable that we begin to acquaint ourselves with the signs of such abuse, and take a proactive approach to dealing with the menace.

Read the following, and share the information with your children and other family members, church members, workmates, friends and neighbours, particularly young parents who lack experience in this area.

What is child abuse?

Child Abuse is the ill-treatment of children by adults or older children.  The following are the different types of abuse:

·         Physical abuse

·         Emotional abuse

·         Neglect

·         Sexual abuse

Childhood sexual abuse

Childhood Sexual Abuse is the involvement of a child in any sexual activity with an adult or an older child.  It includes fondling, sexual suggestions, touching and penetration (anal, oral or vaginal).

Usually, sexual abuse involves the abuse of power and abuse or betrayal of the trust that a child has placed in the older person by virtue of his position.  It can be forceful rape or the exercise of manipulation by the adult over a gullible or unsuspecting victim, in which case, the older person coerces the child into believing that the intended act is right, or that if they don’t do it, something bad is going to happen.  Invariably, the child, after grooming and insistence by the perpetrator who uses all kinds of manipulative means to ensure compliance, becomes confused and gives in.

Such persons in positions of trust can include:  A social worker, probation officer, coach, a teacher, instructor, babysitter, child-minder, or one who has welfare position in relation to the child.

Rewards Vs threats and blame

Once the sexual abuse would have taken place, the child is either offered a reward (sometimes money, some material thing), or lured into believing that the perpetrator is in a position to “make things happen” for the abused person in order to guarantee secrecy.

Then comes the threat, that if the sexually violated child dares whisper a word to anyone, the predator will kill or have the child’s mother killed. And what’s more, some of the abusers actually attempt to make the victim believe that the act was his/her fault, and that the abuser is not to blame.

It is important for parents to understand that it is never the fault of the child when they have been abused.  The blame and guilt always lie with the abuser.  Particularly if the victim is an adolescent, there are parents who sometimes tend to believe that the act was the child’s fault, and they respond to the situation by either severely beating the child, or punishing him/her in ways that only serve to perpetuate and aggravate the trauma already suffered.

Bypassing the hymen

Our information is that many of the predators perform anal sexual intercourse on female victims who are virgins, anticipating that in the event that there is a medical investigation, the hymen would not be found to be ruptured.

Of interest, according to the newly assented Sexual Offences Act 2010, ‘Rape’ is classified as “Penetration of the vagina or anus by any body part or object, or penetration of the mouth by the penis in coercive circumstances,” and carries a maximum penalty of life imprisonment.

Additionally, under the new law, ‘rape’ of a child under 16 years also carries a maximum penalty of life imprisonment.  The same is the penalty for one found guilty of having penetrative sex with a child family member (incest).

And in the face of more cases of incest coming to light, affected families will be relieved to know that, under the law, sex offences with family members (incest) is occasioned where:  “A person sixteen years of age or over commits the offence of sex with an adult family member if they engage in sexual penetration with another person who is 18 years of age or over, and who is related to them as a parent, grandparent, child, grandchild, brother, sister, half brother, half sister, uncle, aunt, nephew or niece.”

HIV and anal sex

Contrary to what some people think, when it comes to the transmission of HIV, anal sex is riskier than vaginal sex. Because the membranes of the anus are thinner, tearing happens more easily, and there is no natural lubrication.

Albeit, both are efficient routes for the virus. The US San Francisco AIDS Foundation warns that “for the receptive partner (at the ‘bottom’), the mucous membranes of the anus and vagina are very efficient routes into the bloodstream. HIV may also enter either through routine, minute tearing caused during intercourse (unnoticed).” It notes that, for the penetrative partner (the ‘top’), HIV may infect through the mucous membranes in the meatus (the opening of the urethra), adding that it is believed that uncircumcised men may be at greater risk for HIV for a variety of reasons.

“For instance, they may not have been told how to correctly use a condom. Because an uncircumcised man has a foreskin and a circumcised man doesn’t have a foreskin, each has to put on a condom differently. Uncircumcised men must pull back on their foreskin before rolling on the condom. Neglecting to pull back the foreskin may make condom failure more likely, clinicians says.

For this reason, uncircumcised men having unsafe sex are reported to be at greater risk if HIV infected fluid remains under the penis’ foreskin for an extended period of time. The shelter afforded by foreskin may give HIV a more favourable environment in which to survive. The protected area under the foreskin might help shield HIV from air, and keep it closer to body temperature.

Some signs of sexual abuse (Help And Shelter)

·         Unexplained bleeding or discharge from the genital areas

·         Stress-related disorders

·         Infections of the mouth or throat

·         Sexually Transmitted Diseases Infections (STIs)

·         Loss of appetite

·         Unexplained vomiting or gagging

·         Nightmares

Some behaviours of a sexually abused child

·         Promiscuous sexual behaviours

·         Resists physical contact

·         Fearful/Withdrawal

·         Self destructive/suicidal

·         Obsession with private parts

Shirla

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