What is Child Sexual Abuse?
For the purpose of this section, the term “sexual abuse” will refer to all sex crimes perpetrated against children including but not limited to sexual intercourse, sexual intrusion and sexual contact.
“Child” means any person less than 18 years of age. “Abused child” means a child whose parent, other family member, guardian, custodian or other person inflicts or attempts to inflict or allows to be inflicted as a result of inadequate supervision, physical injury or substantial, emotional injury upon the child which endangers the present physical or mental health of such child or inflicts, attempts to inflict or knowingly allows to be inflicted sexual abuse upon thechild.
[WV Code §49-1-3]
Sexual abuse of children falls into the following categories:
Sexual abuse of a child by a family member or other person known to the child whom the child trusts to some degree.
Sexual abuse of a child through the use of pornographic materials and exploitation. Many of those involved are “runaway” children who are dependent upon the exploiters for physical survival, and in some cases, even affection.
Sexual abuse of a child through the use of the Internet, e-mail or other telecommunication technology.
Sexual abuse of a child by a stranger, many times involving kidnapping and/or the use of a weapon. These assaults are more likely to result in severe physical injuries to the child and account for a growing number of sex-related deaths of children. The abuser in intra-familial child sexual abuse is related to the child victim through blood, marriage, adoption or common living arrangement. Parents may be prosecuted for procuring another person to inflict sexual abuse upon a child.
The abuser in extra-familial child sexual abuse is not considered a part of the child’s family; however, this person usually has an opportunity for frequent contact with the child and/or represents an authority figure that the child may believe to be trustworthy.
Many children are sexually abused in some way over a period of years. Long-term abuse in intra-familial situations may begin when the child is three or four years of age or younger, and continue well into adolescence or even after the child leaves home.
In some instances, child sexual abuse may be restricted to fondling or genital touching; other instances may begin that way and escalate to penetration or full intercourse after an extended period of time. Some children become adolescents before realizing, through normal discussions with friends about family life and events, that the sexual contact they have experienced is wrong and does not occur in most households. By this time, however, the child may have assumed a great deal of guilt about the sexual activities and may be even more reluctant to reveal the situation to an adult or other family member.
When an attempt is made to talk to someone about the abuse, many children are unable to communicate what is happening. Even when the child is quite verbal, the listener may dismiss the story or accuse the child of lying. If no action is taken to protect the child from further
abuse, the child may not initiate the subject again.
Some children believe that something bad will happen if they break the secret of abuse. Often the offender uses threats to keep the child silent. The offender may tell the child that no one will believe the story if she/he tells or the offender may physically threaten the child or his
family. No matter how a child tells you of the abuse, it is important that thechild has placed trust in you. Don’t try to decide for yourself whether or not the allegation is true. Don’t try to investigate the matter. Child Protective Services and your local law enforcement are trained to do
that.
Let the child know you want to help and that you will. The law requires that you report it. WV Code §49-6A-2 states that when any mandated reporter has reasonable causes to suspect that a child is neglected or abused or observes the child being subjected to conditions that are likely to result in abuse or neglect, such person shall immediately, and not more than 48 hours after suspecting this abuse, report the circumstances to cause a report to be made to the WV Department of Health and Human Resources.
In any case where the mandated reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report or cause a report to be made to a law enforcement agency having jurisdiction to investigate the complaint. Persons legally responsible for reporting or causing a report to be made when they have reasonable cause to suspect a child is abused or neglected include any medical, dental, mental health professional, school teacher or other school personnel, social service worker, child care or foster careworker, peace officer or law enforcement official (WV Code §49-6A-3). Any person required to report shall immediately notify the person in charge of such institution, school, facility or agency or a designated agent thereof, who shall report or cause a report to be made. However, nothing in this article is intended to prevent individuals from reporting on their own behalf.
Reports of suspected child abuse and neglect shall be made immediately by calling Child Protective Services, WV Department of Health and Human Resources at 1-800-352-6513 twenty-four hours a day, seven days a week. A written report should follow within 48 hours if so requested by the receiving agency. All reports under this article shall be confidential and unless there are pending proceedings with regard thereto shall be destroyed six years following their preparation.
What Parents Can Do: It is important for parents to discuss sexual violence with their children without scaring them. For younger children let them know the difference between “safe”, “unsafe” and “confusing” touches. Many abused children are confused because the “unsafe” and “confusing” touches can feel pleasurable.
Parents can help by:
Teaching children the proper names for sexual body parts. Many children are not able to tell about the abuse because they don’t know the words to use.
Teaching children the difference between safe, unsafe and confusing touches. Talk about appropriate touches and physical affection.
Telling children that it’s okay to say “no” to touches or behaviors that make them feel uncomfortable.
Reminding children that safety rules apply to all adults, not just strangers.
Teaching children not to keep secrets about touching, no matter what another person says. Encourage children to tell immediately if someone touches them or behaves in a way that is not okay.
Assure the child that she/he is not to blame for what has happened.
Do let the child know it was very brave to tell you.
Let the child know you are glad she/he told you.
Protect the child immediately from the suspected offender.
Report the abuse at once to the Department of Health and Human Resources, Child Protective Services (1-800-352-6513), the police or your local rape crisis center.
Get a medical exam even if the child appears to be unhurt.
Help the child work with a counselor who can help with the case.
REMEMBER:
Children only report sexual experiences they have encountered.
Children are not responsible for assaults against them.
Most children are afraid to tell their parents what has happened.
Reporting A Disclosure of Child Sexual Abuse: For a child, disclosing sexual abuse is especially difficult. A child may be embarrassed about what is happening to her/him, or simply lack the vocabulary to express it. While some children may tell you privately and directly about the abuse, more often than not, the child will disclose the abuse in the following ways:
Indirect Hints
“Daddy wouldn’t let me sleep last night.”
“My babysitter keeps bothering me.”
“Mr. Jones wears funny underwear.”
Gently encourage the child to be more specific without suggesting more than she/he is willing to tell. When making a report, you don’t need to know exactly what form the abuse took, merely that there is a strong likelihood that abuse did indeed take place.
Disguised Disclosure
“My friend’s daddy likes to play doctor.”
”My dolly doesn’t like Uncle Jim anymore.”
By removing her/himself from the act, the child can feel safer in disclosing the information. Encourage the child to tell you more. It is likely that the child will tell you what she/he is talking about.
Disclosure If You Promise Not To Tell
“I have a secret but if I tell you, you have to promise not to tell anyone else.”
Some children believe that something bad will happen if they break the secret of abuse. Often the offender uses threats to keep the child silent. The offender may tell the child that no one will believe him if he tells or the offender may physically threaten the child or his family. No matter how a child tells you of the abuse, it is important that she/he has placed trust in you. Don’t try to decide for yourself whether or not the allegation is true. Don’t try to investigate the matter. Child Protective Services and your local law enforcement are trained to do that. Let the child know you want to help, that you will, and the law requires that you report it. WV Code §49-6A-2 states that when any mandated reporter has reasonable causes to suspect that a child is neglected or abused or observes the child being subjected to conditions that are likely to result in abuse or neglect, such person shall immediately, and not more than hours after suspecting this abuse, report the circumstances to cause a report to be made to the WV Department of Human
and Health Resources. In any case where the mandated reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report or cause a report to be made to a law enforcement agency having jurisdiction to investigate the complaint.
Any person required to report under this article shall immediately notify the person in charge of such institution, school, facility or agency or a designated agent thereof, who shall report or cause a report to be made. However, nothing in this article is intended to prevent individuals from reporting on their own behalf.
Reports of abuse and neglect shall be made immediately by telephone (1-800-352-6513) to the local WV Department of Child Protective Service agency and shall be followed by a written report within 48 hours, if so requested, by the receiving agency. The WV Department of Health and Human Resources maintains a 24 hour, 7-day-a-week telephone number to receive such calls reporting suspected or known child abuse or neglect. All reports under this article shall be confidential and unless there are pending proceedings with regard thereto shall be destroyed six years following their preparation.
This law requires only a reasonable cause to suspect child abuse for a report to be made. It is important to note that the law specifically protects the reporting person or institution against any civil or criminal proceedings when the initial report was made in good faith. WV Code 49-6A-6
A copy of any report of serious physical abuse, sexual abuse or assault should be forwarded by the Department to the appropriate law enforcement agency, the prosecuting attorney, the coroner or the medical examiner’s office. All reports are confidential.
Persons mandated to report suspected abuse and neglect:
Any medical, dental or mental health professional
Christian science practitioner
Religious healer
School teacher or other school personnel
Social service worker
Child care or foster care worker
Emergency medical services personnel
Peace officer or law-enforcement official
Member of the clergy
Circuit Court Judge
Family Law Judge
Employee of the Division of Juvenile Services or Magistrate
Mandated Reporting Requirements for Child Sexual Abuse:
West Virginia Code §49-6A-5 requires that reports of abuse and neglect be made immediately by telephone to the local WV Department of Health and Human Resouces during regular hours. This report should be followed by a written report within fortyeight hours if so requested by the receiving agency. Suspected or known child abuse or neglect can be reported by calling 1-800-352-6513 twenty-four hours a day, seven days a week. The law requires only a reasonable cause to suspect child abuse for a report to be made. It is important to note that the law specifically protects the reporting person or institution against any civil or criminal proceedings when the initial report was made in good faith. WV Code §49-6A-6 A copy of any report of serious physical abuse, sexual abuse or sexual assault should be forwarded by the Department to the appropriate law enforcement agency, the prosecuting attorney, the coroner or the medical examiner’s office. All reports are confidential.
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