Child sexual abuse (CSA) is a world-wide problem which results
in significant harm to children. It is distinctive from other forms of abuse
because it is often controversial in nature.
Controversies include the taboo surrounding sexual
issues, stigmatisation associated with sexual abuse and myths that continue to
be perpetuated about sexual abuse, such as children fantasising about sexual
abuse and/or are seductive and sexually provocative.
The number of children who are
sexually abused is not fully known. There are many reasons for this; for
instance, the child may be too young to understand or communicate the
inappropriateness of the abuse, children may repress abusive memories, or the
abuse might be accompanied by threats from the offender. Also, depending upon
the definition of the sexual abuse, statistics will have different meanings.
According to US statistics for example, the parent of the child is the offender
in almost half of all CSA cases. The remaining offenders are almost always
people known to the child such as other relatives or trusted caretakers such as
priests, aid workers and teachers.
There are three important strategies that can strengthen a
teacher’s ability in fulfilling their legal reporting obligations. They
involve: • Understanding CSA;
• Having clarity on the indicators and signs of sexual
abuse, including listening to children; and •
Being familiar with mandatory reporting requirements.
Defining and understanding child sexual abuse Like all
other forms of abuse, defining CSA is difficult – there are however a
number of core elements described by the World Health Organization. These
include: A The involvement of a child in sexual activity
that he or she does not fully comprehend. B The child
being unable to give informed consent to sexual activity, or to sexual activity
for which the child is not developmentally prepared, or else that violates the
laws or social taboos of society. C Sexual abuse of a
child both by adults or other children who are – by virtue of their age or
stage of development – in a position of responsibility, trust or power
over the victim. It is common in the research to find three categories of
CSA: A NON-CONTACT CSA: includes a range of acts such as
sexual solicitation and indecent exposure. This includes involving children in
the production or watching of pornographic material, as well as encouraging
children to behave inappropriately. B CONTACT CSA:
includes touching or fondling. C INTERCOURSE: includes
all forms of intercourse (oral, anal and vaginal) either penile, digital or with
an object.
These
categories are valuable in that they provide an understanding of the different
forms of CSA, but they can also be problematic. Non-contact CSA is sometimes not
included in the definition of CSA and may, incorrectly, be regarded as not
harmful. An Australian study shows non-contact CSA was experienced by 42% of
women and 36% experienced contact CSA. This study was based on data from 395
women living in Melbourne. In Europe and the US, statistics are similar.
Statistics show that men report less CSA and prevalence is commonly reported to
be between one in six to one in 10 men. There are many possible reasons for this
and some suggest that boys need to overcome the taboo associated with CSA and
the taboo associated with homosexual activity.
CSA can result in lifelong harm to the child in the
form of emotional, physical, social and psychological harm. Research links CSA
to medical disorders such as: depression, panic disorder and post traumatic
stress disorder (PTSD). Dr Martin Teicher of Harvard University refers to these
as ‘wounds that time won’t heal’. In order to cope,
individuals who have been sexually abused may resort to alcohol and drug abuse
and have an increased probability of suicide. Identifying
child sexual abuse through behavioural and/or physical indicators It is widely acknowledged that identifying CSA can be difficult. Even medical
examinations cannot always detect that sexual abuse has occurred and, for this
reason, it becomes crucial that unexpected and unusual changes in children are
noted. Teachers are well placed to note sudden changes in children’s
presentation, behaviours and/or academic progress. Common signs of children who
have been sexually abused are listed in Table 1.
Research undertaken at Monash University’s Child
Abuse Research Australia emphasises the importance of listening to children.
Research showed that one 12-year-old child felt professionals did not want to
listen to children. She said:
‘The problem with these people is that … they
don’t want to hear the truth because the truth is so much harder to
understand and so much longer than a lie about the truth.’ This
child inspired the title of Mudaly and Goddard’s book: The truth is longer
than a lie: children’s experiences of abuse and professional
interventions. Familiarising teachers with their
obligations and providing necessary school support A 2002 study
conducted by the Australian Childhood Foundation and Monash University showed
that many mandated professionals (including teachers) considered the
decision-making process involved in mandatory reporting to be complex.
The research showed that
reporting laws were not always well understood and, ultimately, decisions to
report or not were based on many factors, including the expectations for the
child, factors relating to the child’s family, cultural factors, parental
retaliation and internal factors associated with work.
With the exception of Western
Australia, all states and territories have mandatory reporting requirements
imposed upon teachers. In these states and territories teachers are mandated to
report a ‘reasonable’ level of suspicion of CSA. Table 2 lists the
relevant state and territory legislation containing mandatory reporting
requirements for teachers. The legislation presumes that teachers will be
properly trained, have an adequate knowledge base of facts relating to CSA and
are able to apply this knowledge to real situations. These assumptions may not
always be the case, resulting in anxiety about reporting obligations.
In their role as mandated
notifiers (except Western Australia), it is important that teachers are aware
and comply with their obligations under relevant legislation. However, as part
of this, they also have the right to feel well supported in fulfilling their
mandatory reporting requirements. As a result, schools should be providing
teachers with: • Access to regular and ongoing
education; • Workplace support by identifying
specialised staff to provide teachers with the opportunity to discuss their
concerns. Specialised staff could include psychologists, social workers,
counsellors and pastoral care; and, • A clear
‘good reporting practice’ protocol which includes definitions,
indicators and procedures to follow in the event of suspicion arising with a
student. Such a protocol could consist of a number of ‘core’
guidelines (endorsed by the State Education Department) as well as
‘school-specific’ information. Importantly, it is not the
responsibility of a teacher to determine with certainty that CSA has occurred as
only a level of ‘reasonable suspicion’ is required for the purpose
of reporting. Although the individual teacher is ultimately responsible for
deciding whether the report should be made, the potentially overwhelming sense
of responsibility can be moderated by discussing worrying aspects of the case
with experienced, and well-qualified, professionals. Teachers should not feel
alone in the decision-making process. Conclusion
CSA is a complex and difficult problem to identify and can have a
devastating impact. CSA is a crime and should be treated as such. This can be
achieved by ultimately holding the offender responsible for the CSA and
preventing further CSA.
A teacher’s duty in reporting CSA should be seen as part
of the link in achieving these outcomes and providing children with the
opportunity to grow up to be healthy, functional adults.
Lillian De Bortoli currently works at the Child Abuse Research Australia
(formerly National Research Centre for the Prevention of Child Abuse) at Monash
University. |