What is child abuse and neglect?

CFCA Resource Sheet— September 2018


If you require assistance or would like to talk to a trained professional about the issues described in this paper please call Kids Helpline(link is external) on 1800 55 1800 or Lifeline(link is external) on 13 11 14.

If you believe a child is in immediate danger call Police on 000.

Overview
The purpose of this resource sheet is to provide practitioners, policy makers and researchers with a working definition of child abuse and neglect. It provides a general definition of child abuse and neglect and definitions of the five commonly regarded subtypes.

The resource sheet provides information about: whether the abuse types constitute grounds for protection of a child under child protection law; and whether the abuse types are a crime under criminal law, with the possibility of punishment of the offender.

Introduction
For individuals working with children, it is important to be able to recognise child abuse and neglect when they come across it. For example, if a practitioner knows that, or has reason to believe that, a child is being hit or disciplined in a concerning way, the first question the practitioner must ask themselves – is this, or might this be, child abuse? If a practitioner believes or suspects child abuse or neglect, then a report must be made to child protection or the police (for more detail, see Mandatory Reporting of Child Abuse and Neglect).

Throughout this resource sheet, the term ‘children and young people’ is used. Although young people under the age of 18 are legally children (Australian Institute of Health and Welfare [AIHW], 2018)1, calling a young person a child can fail to acknowledge some important differences between children and young people, such as the difference in their desire and capacity for self-determination.

It is important to note that within much of the professional literature the terms ‘child abuse and neglect’ and ‘child maltreatment’ are used interchangeably. In this resource sheet, the term ‘child abuse and neglect’ is adopted because this is the term that is most commonly used in Australia.

Definition
The World Health Organization ([WHO], 2006, p. 9) defines child abuse and neglect as:

All forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.

All forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.

Definitions of child abuse and neglect can include adults, young people and older children as the perpetrators of the abuse. It is commonly stated in legislation that the term ‘child abuse and neglect’ refers to behaviours and treatment that result in the actual and/or likelihood of harm to the child or young person. Furthermore, such behaviours may be intentional or unintentional and can include acts of omission (i.e. neglect) and commission (i.e. abuse) (Bromfield, 2005; Child Family Community Australia [CFCA], 2016).

Legal definitions of child abuse and neglect
Definitions of child abuse and neglect can be both legal and medical/psychological. Legal definitions tend to be broad, while medical definitions (such as what is provided by WHO, 2006) usually provide a more detailed explanation.

The way legislation defines child abuse and neglect matters. These laws have a direct influence on the outcomes of cases that are brought before a court. Legal definitions affect the attitudes and decisions of lawyers and judges. They affect the policies and practices of child protection agencies, and the training and attitudes of practitioners generally (Tomison & Tucci, 1997). They also set out acceptable standards of behaviour for the community (Australian Law Reform Commission [ALRC], 2010; Mathews & Bross, 2014).

There are two legal systems set up to respond to and prevent child abuse and neglect (ALRC, 2010; Plum, 2014):

  • the civil legal system
  • the criminal legal system.

    The differences between the two legal systems are outlined in Table 1.

Child protection proceedings focus on whether the child is in need of protection (ALRC, 2010; Plum, 2014). They do not make a judgment about the guilt of an accused. For example, a child may have alleged sexual abuse by a parent. Although the truth of these allegations is clearly relevant to the child’s future safety, the focus of the child protection court is solely on the child’s future safety. The criminal court may have judged an individual innocent of the crime of child sexual abuse but this does not mean that the civil child protection courts cannot make a ruling about the future safety of the child.

A child protection response is not, nor should it be, contingent on securing a conviction. (ALRC, 2010, p. 939).

Criminal proceedings focus on judging the guilt of the accused, with the outcome providing for the punishment of the offender. Criminal proceedings generally focus on the past. An exception to this is the placement of a convicted child sex offender on a sex offender register, which is future focused and based on crimes the offender may commit in the future (Plum, 2014).

Subtypes of child abuse and neglect
Different types of child abuse and neglect have different features. It is important to distinguish between what are commonly regarded as the five main subtypes of child abuse and neglect:

  • physical abuse
  • emotional abuse
  • neglect
  • sexual abuse
  • exposure to family violence.

    The features of these subtypes are detailed below. Box 1 unpacks some of the difficulties and controversies around defining these five subtypes.

Box 1: Difficulties and controversies around defining the subtypes

Although there is a broad consensus on the five subtypes of child abuse and neglect (see below), disagreement exists about exactly how to define and therefore recognise these subtypes. For example:

Parenting practices that are acceptable in one culture may be considered abusive in another culture. Some parenting practices are abusive regardless of culture. It can be difficult to know the difference.
There is debate in the literature (Broadley, 2014) – and variation across Australian jurisdictions (CFCA, 2016) – on whether definitions of child abuse should refer to the parental behaviours or to the harm to the child, or whether evidence of both should be required for its recognition (e.g. do we need to know that a parent has hit a child and for there to be a resulting injury to constitute physical abuse?).

  • Sometimes it can be difficult to know whether the parental behaviours are harmful enough to constitute child abuse. For example, in neglect cases practitioners can have different perceptions about what constitutes ‘good enough’ parenting (Turney, Platt, Selwyn, & Farmer, 2012).
  • The child protection legislation used in many Australian jurisdictions defines child abuse as a behaviour or action that causes a child significant harm. It can be difficult to know the point at which a child is suffering significant harm.
  • The child protection legislation used in many Australian jurisdictions also defines child abuse as a behaviour that is likely to cause significant harm. However, it can be difficult, even impossible, to predict whether a child who is apparently suffering no harm or suffering minor harm is likely to suffer significant harm in the future.
  • There is also the tricky issue of intent. Although there is no consensus among experts about whether the intent to cause harm is a necessary component of child abuse and neglect, some suggest that notions of culpability, motive and intent are important to many practitioners when making decisions about whether to describe an incident as child abuse and neglect (Platt & Turney, 2013).
  • Many parents who neglect their children do not intend to do so. Many of these parents struggle with issues such as poverty or a disability. When these issues are present, there is a responsibility on the state to provide support and assistance to the family. Are there limits on what support and assistance the state is to be expected to give?
  • Is child abuse and neglect an objective or subjective reality? For example, if legislators, policy makers and practitioners say that a sexual ‘relationship’ between a 19 year old and a 15 year old is sexual abuse but the 15 year old says that it is not, whose opinion holds the most weight? How might these judgements change as the age gap becomes greater?

It is not possible to provide definite answers to any of these questions. By drawing from research, their experience, using empathy and listening well, practitioners must exercise good professional judgement as they work with each unique child in each unique context. It is also important for human services, health, criminal justice and other professionals to make decisions collaboratively. For example, in the case of Indigenous children and children from culturally and linguistically diverse backgrounds, it is important to involve specialist cultural advisers in planning and decision making.

  1. Physical abuse

The WHO (2006, p. 10) defines child physical abuse as:

The intentional use of physical force against a child that results in – or has a high likelihood of resulting in – harm for the child’s health, survival, development or dignity. This includes hitting, beating, kicking, shaking, biting, strangling, scalding, burning, poisoning and suffocating. Much physical violence against children in the home is inflicted with the object of punishing.

In all Australian jurisdictions, civil child protection legislation exists to protect children and young people from physical abuse. As previously stated, this civil legislation does not focus on the innocence or guilt of the alleged perpetrator, instead it focuses on the safety – particularly the future safety – of the child.

Jurisdictional criminal laws in Australia deal with severe cases of child physical abuse (such as those resulting in permanent or fatal injury) as offences of violence. The specific wording of these laws varies across jurisdictions (ALRC, 2010).

There is controversy about whether offences against children such as child physical abuse should be contained in civil child protection or criminal legislation. For example, some submissions to the ALRC (2010) argued that child abuse offences should be located in the criminal law and that violence against a child should not be considered less serious than such acts against an adult. Alternatively, it was suggested that such offences should be located in civil child protection legislation, then decisions about whether to recommend criminal action could be managed by child welfare experts.

The Commission’s view was that the best way forward was through cooperative relationships between professionals (i.e. child protection workers, police, health professionals and other human services workers), who can make joint decisions about which legislation to use depending on factors such as the nature and severity of the child abuse offence (ALRC, 2010). On the basis of the submissions received, the Commission made no specific recommendation for change.

  1. Emotional abuse

Emotional abuse is also sometimes called ‘emotional maltreatment’, ‘psychological maltreatment’ and ‘psychological abuse’.

Emotional abuse refers to a parent or caregiver’s inappropriate verbal or symbolic acts towards a child and/or a pattern of failure over time to provide a child with adequate non-physical nurturing and emotional availability. Such acts of commission or omission are likely to damage a child’s self-esteem or social competence (Bromfield, 2005; Garbarino, Guttman, & Seeley, 1986; WHO, 2006). According to a popular conception by Garbarino and colleagues (1986, p. 8), emotional abuse takes five main behavioural forms:

  • rejecting: the adult refuses to acknowledge the child’s worth and the legitimacy of the child’s needs
  • isolating: the adult cuts the child off from normal social experiences, prevents the child from forming friendships and makes the child believe that he or she is alone in the world
  • terrorising: the adult verbally assaults the child, creates a climate of fear, bullies and frightens the child, and makes the child believe that the world is capricious and hostile
  • ignoring: the adult deprives the child of essential stimulation and responsiveness, stifling emotional growth and intellectual development
  • corrupting: the adult ‘mis-socialises’ the child, stimulates the child to engage in destructive antisocial behaviour, reinforces that deviance, and makes the child unfit for normal social experience.
    In all Australian jurisdictions, emotional abuse is grounds for ‘when a child is in need of protection’ (CFCA, 2016). These civil child protection laws enable child protection practitioners to intervene in cases of emotional abuse and make an application to the children’s court for a child’s protection. However, the difficulties in doing this are well documented (Broadley, 2014; Goddard, 1996; Sheehan, 2006).

In most jurisdictions child protection practitioners are required to provide the children’s court with evidence of a link between the actions of a parent and the outcomes for a child (Bromfield & Higgins, 2004). In cases of emotional abuse it can be ‘difficult, even impossible, to prove a direct link between the abuse and/or neglectful parental behaviours and the poor child outcomes’ (Broadley, 2014, p. 272).

Given these challenges, it is particularly important for child protection and child welfare professionals to work collaboratively to support families to build protective factors and protect children from emotional abuse.

  1. Neglect

According to WHO (2006, p. 10):

Neglect includes both isolated incidents, as well as a pattern of failure over time on the part of a parent or other family member to provide for the development and wellbeing of the child – where the parent is in a position to do so – in one or more of the following areas:

  • health
  • education
  • emotional development
  • nutrition
  • shelter and safe living conditions.
    In all Australian jurisdictions, neglect is grounds for ‘when a child is in need of protection’ (CFCA, 2016). These cases can be difficult for child protection practitioners to take before the child protection court, particularly if the concerning parental behaviours are low impact and high frequency (as opposed to high impact and low frequency). The difficulty may be in proving a link between the parental behaviours and/or omissions and the child outcomes.

Courts may also be reluctant to determine a child needs protection when the parents are poor or when for some other reason they struggle to provide for their child’s basic needs. In these situations, there is a responsibility on the state to provide support and assistance to the parents; and the parents have a responsibility to engage with and utilise these supports (CFCA, 2016). NSW child protection legislation explicitly states that the children’s court ‘cannot conclude that the basic needs of a child or young person are likely not to be met only because of a parent’s or primary care-giver’s disability or poverty’ (CFCA, 2016).

In many Australian jurisdictions it is a criminal offence for those with parental responsibility to fail to provide a child with basic needs such as accommodation, food, education and health care. Across the jurisdictions, these laws are all drafted differently. For example, in the Northern Territory the offence relates to a child under two years. In NSW and Queensland, the offence relates to a child under seven years (ALRC, 2010).

For a more detailed overview of the issues surrounding child neglect, see the CFCA paper Understanding Child Neglect.

  1. Sexual abuse

The WHO (2006, p. 10) defines child sexual abuse as:

The involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared, or else that violates the laws or social taboos of society. Children can be sexually abused by both adults and other children who are – by virtue of their age or stage of development – in a position of responsibility, trust or power over the victim.

In all Australian jurisdictions, sexual abuse is grounds for ‘when a child is in need of protection’ (CFCA, 2016). Commonly the child will not have a parent who has or who is likely to protect them.

Various jurisdictions have civil child protection legislation that provides for specific types of sexual abuse. For example, in the Northern Territory it is ‘involving the child as a participant or spectator … (in) an act of a sexual nature’ (CFCA, 2016); and in New South Wales where a child under the age of 14 has exhibited sexually abusive behaviours and requires intervention and treatment (CFCA, 2016).

There is a diversity of perpetrator characteristics, relationships and contexts within which child sexual abuse occurs (Quadara, Nagy, Higgins, & Siegel, 2015). In this resource sheet these different types of child sexual abuse are presented as:

  • adult abusers with no familial relationship to the child
  • adult abusers who are family members of the child
  • adult abusers who are in a position of power or authority over the child
  • sexual abuse that is perpetrated by children and young people
  • sibling sexual abuse
  • online child sexual abuse
  • commercial child sexual exploitation.

Australian jurisdictional criminal laws are referred to in each of these types.

Adult abusers with no familial relationship to the child

Extra-familial child sexual abuse is sexual abuse that is perpetrated by acquaintances of the child victim or the child victim’s family (Quadara et al., 2015).

Criminal laws across Australia consider sexual abuse to be sexual activity between any adult and a child under the age of consent. The age of consent is 16 years in most Australian jurisdictions (see CFCA resource sheet Age of Consent Laws for a more detailed discussion). Therefore, in Australia, consensual sexual activity between a 20 year old and a 15 year old is a crime, while in most jurisdictions2 the same activity between a 20 year old and a 17 year old is not a crime.

Under civil child protection legislation, a child or young person is in need of protection from an extra-familial abuser if the parents or carers are unwilling or unable (or are likely to be unwilling or unable) to protect the child or young person from the sexual abuse.

Adult abusers who are family members of the child

Intra-familial child sexual abuse is considered to be the most prevalent type of child sexual abuse (Quadara et al., 2015). Perpetrators within this context include fathers, mothers, step-fathers, step-mothers, brothers, sisters, aunts, uncles, cousins and grandparents. (The following sections ‘Sexual abuse that is perpetrated by children and young people’ and ‘Sibling sexual abuse’ can involve intra-familial child sexual abuse.)

In most Australian jurisdictions, sexual activity in the context of biological, step-family and adoptive relationships are covered by incest provisions (ALRC, 2010). In some jurisdictions, the incest offence applies regardless of age. In other jurisdictions, general child sexual abuse offences are applicable to children and the incest offence relates to situations where the victim is over the age of 16 years (ALRC, 2010).

Under child protection legislation, a child or young person needs protection from an intra-familial abuser if there is no parent or carer who is (or who is likely to be) willing and able to protect the child or young person from the sexual abuse.

Adult abusers who are in a position of power or authority over the child

Child sexual abuse occurs when there is any sexual behaviour between a child and an adult in a position of power or authority over them (e.g. a teacher).

Under child protection legislation a child or young person needs protection if the parents or carers are not able, or are unlikely to be willing, to protect the child or young person from the sexual abuse.

The general age of consent laws are inapplicable in these cases due to the strong imbalance of power that exists between children and young people and authority figures, as well as the breach of personal and public trust that occurs when professional boundaries are violated. For example, in NSW there is a provision for the criminal offence of ‘sexual intercourse with a child between 16 and 18 under special care’ (e.g. when the adult is a teacher, health professional or religious leader) (ALRC, 2010; Australian Legal Information Institute, 2018).

Sexual abuse that is perpetrated by children and young people

The terminology used to describe child sexual abuse that is perpetrated by children and young people is changeable (El-Murr, 2017). It is important not to demonise the children and young people engaging in the abusive behaviour by calling them perpetrators or sex offenders (El-Murr, 2017; Fernandez, 2016). These children and young people are still developing and growing. Labelling them may shame them and may deter them and their families from engaging with treatment and support (Fernandez, 2016).

However, it is important not to deny or minimise the harm that these children and young people cause to their victims and to themselves (El-Murr, 2017; Fernandez, 2016). El-Murr (2017) uses the term ‘problem sexual behaviours’ to describe ‘sexual behaviours that lie outside the range of age-appropriate behaviours and are demonstrated by children below the age of criminal responsibility’, and ‘sexually abusive behaviours’ as ‘behaviours displayed by those 10 up to 18 years and which have legal consequences’ but acknowledges that these terms also have their risks (see CFCA paper Problem Sexual Behaviours and Sexually Abusive Behaviours in Australian Children and Young People for a more detailed discussion).

Research suggests that this type of sexual abuse is common, and that children and young people are most likely to experience sexual harm from other children and young people (El-Murr, 2017). Such abuse often involves an older child or young person coercing or forcing a child who is younger, smaller or where there are marked developmental differences (e.g. if the victim child has a disability) into sexual activity (El-Murr, 2017). Even when there is no information to suggest coercion, manipulation or force, this does not mean an absence of manipulation or pressure. If a child’s sexual activity is out of the ordinary for his or her age, then regardless of whether or not there is an apparent power imbalance, professional help should be sought.

Some Australian jurisdictions have child protection legislation (e.g. New South Wales, Queensland, South Australia and Victoria) that allows for a diversionary pathway in place of a criminal justice response (El-Murr, 2017). In most other jurisdictions these offences are dealt with by the criminal division of the children’s court (El-Murr, 2017).

In some jurisdictions young people who have been found guilty of a child sexual abuse offence may be included on the sex offender register (Victorian Law Reform Commission (VLRC), 2014).

Sibling sexual abuse

Research suggests that sibling sexual abuse occurs at similar or higher rates to other types of intra-familial sexual abuse (Quadara et al., 2015; Stathopoulos, 2012). This type of sexual abuse is when there is sexual activity between a child or young person and a sibling that is non-consensual or coercive, or where there is an inequality of power or development between them.

As stated above, there is civil child protection legislation in some Australian jurisdictions to enable therapeutic treatment for these children and young people in place of a criminal justice response. In other jurisdictions the question of whether there will be criminal justice intervention will depend on the age of the children and the nature of the offence (El-Murr, 2017).

Although consensual and (apparently) non-coercive sexual behaviour between similarly aged siblings may not be considered child sexual abuse, it is considered problematic and harmful, and professional intervention should be sought.

Online child sexual abuse

Online child sexual abuse can cause additional harm to children and young people beyond the abusive experience itself (Quayle, 2013). Due to digital technology, offenders are able to take photos and videos of children and young people being sexually abused with little cost or effort, and often in the privacy of their own homes (Broughton, 2009). They are then able to communicate with other offenders via the internet and distribute their material online. These photos and videos are a permanent product of the abuse. They may resurface at any time and this leaves victims with a lifelong fear of exposure, exacerbating the damage (Broughton, 2009; Quayle, 2013). Offenders often use these images to manipulate victims into silence by threatening exposure should the child or young person ever talk about the abuse (Broughton, 2009).

Online child sexual abuse may also involve sexting (sending messages with sexual photos or videos via a mobile phone or posting online) (Queensland Sentencing Advisory Council, 2017). A decision about whether or not sexting constitutes child sexual abuse will depend on the particulars of the situation, including the ages of the children and young people involved. Sexting laws differ across Australian jurisdictions. For example, in Victoria it is a criminal offence for someone over the age of 18 years to send an image of someone who is under the age of 18 years posing in an indecent sexual manner to a third party, even if the child or young person has given consent (Victoria Legal Aid, 2014). (See CFCA resource sheet Images of Children and Young People Online for further details).

Civil child protection legislation provides protection for children and young people who are or who are likely to be victims of online child sexual abuse. This may, for example, involve statutory child protection authorities intervening to protect a child whose parent has accessed child exploitation material on the internet.

Online child sexual abuse and child exploitation material offences over the internet are international crimes constituting a global problem (Queensland Sentencing Advisory Council, 2017). Online child sexual offences are dealt with in Commonwealth and jurisdictional criminal legislation. These laws cover access, possession, distribution and the making of material. Although there are definitional differences across jurisdictions, all Australian jurisdictions agree that such activities and materials must be criminalised (Queensland Sentencing Advisory Council, 2017).

Commercial child sexual exploitation

Commercial child sexual exploitation includes:

  • the production and distribution of child exploitation material
  • exploiting children for prostitution (sometimes called child prostitution), which may involve promising money, food, clothing, accommodation or drugs to a child, or more often to a third person, in exchange for sexually abusing the child
  • the abduction and trafficking of children for sexual abuse purposes, which can occur within or across countries
  • sexual exploitation of children in the context of tourism (sometimes called child sex tourism)3 where individuals (generally Western men) travel from higher to lower income countries for the purpose of sexually exploiting children (Cameron et al., 2015; Interagency Working Group in Luxembourg, 2016; Johnson, 2014).

In Australia, the individual states and territories have their own unique sets of laws that criminalise all forms of commercial sexual exploitation of children. Although there are differences in how it is defined across jurisdictions, there is an overall commitment to working with other governments (domestic and international) to prevent commercial child sexual exploitation, to prosecute perpetrators and to protect victims (Cameron et al., 2015). For example, in Australia the sexual exploitation of children in the context of tourism offences have been in place since 1994. In 2010 the laws were reformed to broaden the scope of criminalised activities and increase penalties. The Australian Federal Police are active in their efforts to protect children in foreign countries and to prosecute child sex offenders in the context of tourism. There have been a number of successful prosecutions of Australians involved in these crimes (Johnson, 2014).

  1. Exposure to family violence

Children and young people are often a hidden population within the family violence literature and discourse. Richards (2011, p. 1) refers to them as ‘silent, forgotten, unintended, invisible and/or secondary victims’. Forcing a child or young person to live in an environment where a primary caregiver experiences sustained violence is in and of itself emotional and psychological abuse (Goddard & Bedi, 2010). Children and young people who are forced to live with violence are at increased risk of experiencing physical and sexual abuse (Dwyer & Miller, 2014; Goddard & Bedi, 2010; Mitchell, 2011). These children and young people tend to experience significant disruptions in their psychosocial wellbeing, often exhibiting a similar pattern of symptoms to other abused or neglected children (Kitzmann, Gaylord, Holt, & Kenny, 2003; Mitchell, 2011).

Family violence commonly occurs with inter-related problems such as drug and alcohol misuse and mental illness. These inter-related problems exacerbate and increase the risks to children in these families (Bromfield, Lamont, Parker, & Horsfall, 2010; Mitchell, 2011).

In all Australian jurisdictions, exposure to family violence is grounds for ‘when a child is in need of protection’ (CFCA, 2016). It is normally dealt with under the category of emotional and psychological abuse. However, in some jurisdictions (e.g. NSW and Tasmania) there is specific mention of family violence as grounds for protection (CFCA, 2016).

Additional forms of child abuse and neglect
As well as the five main subtypes of child abuse and neglect, researchers have identified other types, including:

  • fetal abuse (e.g. unborn babies who are harmed or placed at risk of harm as a result of maternal drug or alcohol use)
  • exposure to community violence
  • institutional abuse (i.e. abuse that occurs in institutions such as foster homes, group homes, and religious and sporting groups)
  • state-sanctioned abuse (e.g. female genital mutilation in parts of Africa, the Stolen Generations in Australia) (Corby, 2006; Miller-Perrin & Perrin, 2007).

The relationships between the different subtypes of child abuse and neglect

The relationships between the different subtypes of child abuse and neglect
Although it is useful to distinguish between the different subtypes of child abuse and neglect in order to understand and identify them more thoroughly, it can also be slightly misleading. It is misleading if it creates the impression that there are always strong lines of demarcation between the different abuse subtypes, or that abuse subtypes usually occur in isolation. There is a growing body of evidence to suggest many children who are abused or neglected are subjected to multiple forms of abuse and neglect (Price-Robertson, Rush, Wall, & Higgins, 2013). White, Hindley, & Jones (2015), for example, found that neglect (as opposed to other abuse types) is a particularly strong predictor of all other abuse types. Goddard and Bedi (2010, p. 7) found there were ‘high rates of overlap’ between intimate partner violence and child physical and sexual abuse. Vachon, Krueger, Rogosch, & Cicchetti (2015, p. 1140) found that child sexual abuse is ‘almost always accompanied’ by other types of child abuse and neglect.

Conclusion

Answering the question ‘what is child abuse and neglect?’ is not always a straightforward task. Cultural differences, questions about thresholds (at what point is the child experiencing significant harm?), determining ‘good enough’ parenting, and predicting likelihood of harm all give reason for pause and reflection. In order to make appropriate determinations about whether a child is or is not being abused it is important that professionals in all parts of the service system know the relevant laws and research findings, that they value and practice interdisciplinary work, and that their assessments and decisions are informed by the voices and experiences of children, young people and families.

For further reading see the CFCA publications:

References
Australian Institute of Health and Welfare (AIHW). (2018). Child Protection Australia 2016–2017 (Vol. Cat. no. CWS. 63). Canberra: AIHW.
Australian Law Reform Commission (ALRC). (2010). Family violence: A national legal response. Canberra: ALRC.
Australian Legal Information Institute. (2018). Crimes Act 1900 – Sect 73, Sexual intercourse with a child between 16 and 18 under special care. Sydney: University of Technology Sydney and University of New South Wales. Retrieved from www5.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca190082/s73.html
Broadley, K. (2014). Equipping child protection practitioners to intervene to protect children from cumulative harm: Legislation and policy in Victoria, Australia. Australian Journal of Social Issues, 49(3), 265–284.
Bromfield, L., & Higgins, D. (2004). The limitations of using statutory child protection data for research into child maltreatment. Australian Social Work, 57(1), 19–30.
Bromfield, L. M. (2005). Chronic child maltreatment in an Australian statutory child protection sample (Unpublished doctoral dissertation). Deakin University, Geelong.
Bromfield, L., Lamont, A., Parker, R., & Horsfall, B. (2010). Issues for the safety and wellbeing of children in families with multiple and complex problems. Family Matters, 88, 76.
Broughton, D. D., (2009). Child exploitation in the 21st century. Paediatrics and Child Health, 19, S197–S201.
Cameron, G., Sayer, E. M., Thomson, L., Wilson, S., Jones, D. N., & Florek, A. (2015). Child Sexual Exploitation: A study of international comparisons. Virtual Staff College [Online]. Retrieved fromthestaffcollege.uk/wp-content/uploads/CSE_exec_sum_final_publish_1.0.pdf
Child Family Community Australia (CFCA). (2016). Australian legal definitions: When is a child in need of protection? (CFCA Resource Sheet). Melbourne: Australian Institute of Family Studies.
Corby, B. (2006). Child Abuse: Towards a knowledge base (3rd Ed). Berkshire, England: Open University Press.
Dwyer, J., & Miller, R. (2014). Working with families where an adult is violent. Melbourne: Department of Human Services.
El-Murr, A. (2017). Problem sexual behaviours and sexually abusive behaviours in Australian children and young people (CFCA Paper No. 46). Melbourne: Australian Institute of Family Studies. Retrieved from aifs.gov.au/cfca/publications/problem-sexual-behaviours-and-sexually-abusive-behaviours-australian-children
Fernandez, C. (2016). Sibling Sexual Abuse Series: Part 1. Australian Childhood Foundation Prosody Blog. Retrieved from http://www.childhoodtrauma.org.au/2016/may/sibling-sexual-abuse-1
Garbarino, J., Guttman, E., & Seeley, J. W. (1986). The psychologically battered child: Strategies for identification, assessment, and intervention. San Francisco, CA: Jossey-Bass Inc.
Goddard, C. (1996). Child abuse and child protection: A guide for health, education and welfare workers. South Melbourne: Churchill Livingstone.
Goddard, C., & Bedi, G. (2010). Intimate partner violence and child abuse: A child centred perspective. Child Abuse Review, 19, 5–20.
Interagency Working Group in Luxembourg. (2016). Terminology guidelines for the protection of children from sexual exploitation and sexual abuse. Bangkok, Thailand: ECPAT International
Johnson, A. K. (2014). Protecting children’s rights in Asian tourism. The International Journal of Children’s Rights, 22(3), 581–617.
Kitzmann, K. M., Gaylord, N. K., Holt, A. R., & Kenny, E. D. (2003). Child witnesses to domestic violence: A meta-analytic review. Journal of Consulting and Clinical Psychology, 71(2), 339–352.
Mathews, B., & Bross, D. C. (2014). Using law to identify and manage child maltreatment. In J. Korbin, & R. Krugman (Eds.). Handbook of child maltreatment (pp. 477–502). Dordrecht, NL: Springer.
Miller-Perrin. C. L., & Perrin, R. D., (2007) Child maltreatment: An introduction. Thousand Oaks, CA: Sage Publications.
Mitchell, L. (2011). Domestic violence in Australia: An overview of the issues (Parliamentary Library, Information Analysis Advice). Canberra: Parliament of Australia.
Platt, D., & Turney, D. (2014). Making threshold decisions in child protection: A conceptual analysis. British Journal of Social Work, 44(6), 1472–1490.
Plum, H. J. (2014). Legal responses to child maltreatment. Child Abuse and Neglect Worldwide, 1, 181–204.
Price-Robertson, R., Rush, P., Wall, L., & Higgins, D. (2013). Rarely an isolated incident: Acknowledging the interrelatedness of child maltreatment, victimisation and trauma (CFCA Paper No. 15). Melbourne: Australian Institute of Family Studies. Retrieved from aifs.gov.au/cfca/publications/rarely-isolated-incident-acknowledging-interrelatedness-child-maltrea
Quadara, A., Nagy, V., Higgins, D., & Siegel, N. (2015). Conceptualising the prevention of child sexual abuse: Final report (Research Report No. 33). Melbourne: Australian Institute of Family Studies. Retrieved from aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse
Quayle, E. (2013). Child pornography. In Y. Jewkes, & M. Yar (Eds.), Handbook of Internet Crime (pp. 343–368). New York: Routledge.
Queensland Sentencing Advisory Council. (2017). Classification of child exploitation material for sentencing purposes: Final report. Brisbane: Queensland Sentencing Advisory Council. Retrieved from http://www.sentencingcouncil.qld.gov.au/__data/assets/pdf_file/0017/531503/cem-final-report-july-2017.pdf
Richards, K. (2011). Children’s exposure to domestic violence in Australia. Trends and Issues in Crime and Criminal Justice, 419.
Sheehan, R. (2006). Emotional harm and neglect: The legal response. Child abuse review, 15(1), 38–54.
Stathopoulos, M. (2012). Sibling sexual abuse (ACSSA Research Summary). Melbourne: Australian Institute of Family Studies.
Tomison, A. M., & Tucci, J. (1997). Emotional abuse: The hidden form of maltreatment (National Child Protection Clearing House). Melbourne: Australian Institute of Family Studies.
Turney, D., Platt, D., Selwyn, J., & Farmer, E. (2012). Improving child and family assessments turning research into practice. London: Jessica Kingsley Publishers.
United Nations. (1989). Convention on the Rights of the Child. Geneva: United Nations. Retrieved from http://www.refworld.org/docid/3ae6b38f0.html
Vachon, D. D., Krueger, R. F., Rogosch, F. A., & Cicchetti, D. (2015). Assessment of the harmful psychiatric and behavioral effects of different forms of child maltreatment. JAMA Psychiatry, 72(11), 1135–1142.
Victorian Law Reform Commission (VLRC). (2014). Sex Offenders Registration Final Report. Melbourne: VLRC. Retrieved from http://www.lawreform.vic.gov.au/sites/default/files/SOR_Final%20Report_Full%20text.pdf
Victoria Legal Aid. (2014). Sexting and child pornography. Melbourne: Victoria Legal Aid. Retrieved from http://www.legalaid.vic.gov.au/find-legal-answers/sex-and-law/sexting-and-child-pornography
White. O. G., Hindley, N., & Jones, D. P. H. (2015). Risk factors for child maltreatment recurrence: an updated systematic review. Medicine, Science and the Law, 55(4), 259–277.
World Health Organization. (2006). Preventing child maltreatment: A guide to taking action and generating evidence. Geneva: WHO. Retrieved from www.who.int/violence_injury_prevention/publications/violence/child_maltreatment/en/


1 In Australia children and young people are those under the age of 18 (AIHW, 2018). The United Nations Convention on the Rights of the Child also defines a child as any human under the age of 18 years (United Nations, 1989).

2 In Queensland, consensual anal sex is considered to be an offence when the activity involves any person under the age of 18 years.

3 The use of terms such as child prostitution and child sex tourism imply that the child has given informed consent to the sexual abuse. The terms used in this resource sheet have been chosen because they better reflect the fact that the child is a victim of abuse and exploitation (Interagency Working Group in Luxembourg, 2016).

Authors and Acknowledgements

This paper was updated by Karen Broadley, Senior Research Officer with the Child Family Community Australia information exchange at the Australian Institute of Family Studies.

Previous editions have been compiled by Kathryn Goldsworthy, Rhys Price-Robertson, Leah Bromfield and Nick Richardson.

The feature image is by Aurimas(link is external), CC BY-ND 2.0(link is external).

Publication details

CFCA Resource Sheet
Published by the Australian Institute of Family Studies, September 2018.
Last updated September 2018
Creative Commons – Attribution CC BYCopyright information
SHARETwitter logoFacebook logoLinkedIn logoemail logo
Further reading
Understanding child neglect
CFCA PAPER— APR 2014
This paper aims to provide a broad overview of child neglect, one of the most common forms of maltreatment.

Responding to children and young people’s disclosures of abuse
CFCA PRACTITIONER RESOURCE— MAR 2015
A practical guide for organisations, professionals and any other person responding to children and young people disclosing abuse
Responding to children and young people’s disclosures of abuse
Reporting child abuse and neglect
CFCA RESOURCE SHEET— OCT 2021
Information on how to report suspected child abuse and neglect, including key contacts in each state and territory

Who abuses children?
CFCA RESOURCE SHEET— SEP 2014
An overview of the current evidence on who is likely to be a perpetrator of child abuse and neglect
Need some help?
CFCA offers a free research and information helpdesk for child, family and community welfare practitioners, service providers, researchers and policy makers through the CFCA News.
Subscribe(link is external)

PART OF THE AIFS NETWORK

Australian Institute of Family StudiesAustralian Gambling Research CentreBuilding a New Life in AustraliaChild Family Community AustraliaEvidence and Evaluation SupportGrowing Up in AustraliaTen to Men
CFCA SOCIAL MEDIA

Instagram
CFCA NEWSLETTER

Subscribe to CFCA News

The Australian Institute of Family Studies acknowledges the traditional country throughout Australia on which we gather, live, work and stand.
We acknowledge all traditional custodians, their Elders past, present and emerging and we pay our respects to their continuing connection to their culture, community, land, sea and rivers.
© 2022 Australian Institute of Family Studies.
Footer Sub Menu

RETRIEVED https://aifs.gov.au/cfca/publications/what-child-abuse-and-neglect (May 2022)

The plot thickens …

royalcommBBC and @royalcommbbc

Neglect / negligent treatment | ChildAbuse

The World Health Organization (#WHO, 2006, p. 9) defines #childabuse and #neglect as: All forms of #physical and/or #emotional ill-treatment, #sexualabuse#neglect or negligent treatment or commercial or other exploitation, … (1/2)

… resulting in actual or potential harm to the child’s #health#survival#development or #dignity in the context of a relationship of responsibility, trust or power. (2/2) | #childsexualabuse #who

#Neglect / #negligenttreatment is something that should never have happened. Particularly, when used as a “learning tool” for 1st borns. Only when later children are raised ‘better’, by not exposing them do these ‘godly folk’ change their practices: Nothing to see here – move on!

RETRIEVED via @treacl + @royalcommbbc tweets (May 2022).

WorldHealthOrganisation. (2022). WHO, https://www.who.int .

Also found at royalcommbbc.blog

Tags: NRS, RC, SDBC and tagged 1st borns, baptist, BBC, boys brigade, child sexual abuse, Church, church family, ecosystem, first borns, girls brigade, habitus, history, neglect, patterns, RC, redress, royal commission, SDBC, support, youth group

Misconceptions becoming weaponised

For many of the CSA Victim-Survivours and their families, the misconception of ‘justified manipulation’ is making a major part of the bigger picture. In experiences of multiple forms of “only our student/family has to deal with this”, the similar deny-deny-deny veil has been used repeatedly throughout the different institutions (i.e. churches, schools, clubs & teams) to use fake-news to hide the truths.

Ron Miller. (2016).

Catholic, other denominations (e.g. Anglican, Baptist, Presbetarian, Methodist), Private Schools (e.g. GPS: ACGS, BBC, BGS, GT, NC, TGS, TSS; ), lawyers, justice dept., police (state + federal), schools (Private – notably same-gender), journalism (online, paid and social) and other interested bodies have each increased their POV.

PRAYBOY satire of iconic Playboy media

While broad scale requests were sent to noted Private Schools (SEQ-GPS & NSW), Legal Bodies and Institutions already mentioned – there has (expectedly) been minimal feedback. Although there have been relevant leaps in Blog statistics, countries and articles – relevant ABC and SBS News contact has been included:

  • Perhaps they are too busy adjusting for these earlier exploits;
  • the hand of god has sent a messenger;
  • they each promise their sorrow, never to repeat it again (again);
Tassos Kouris (2008)

These ‘different pieces’ are being combined in RCbbc’s posts, to explain to readers that their repeated use + reuse is all too common. While reuse of positives may be understood for ‘competitive gain’, ‘academic prowess’ and ‘scientific understanding’, the often (silent 🤐 ) ‘negative gains’ are also swept-under-the-carpet:

  • As harmful as this may be to our individual children,
  • it’s also gravely hurtful – when taking a step back,
  • realise one action leads to another (influence),
  • tweeks-adaptions made to allow greater deception +
  • seeing at the big patterns forming.

Understanding Child Abuse and Neglect

Understanding Child Abuse and Neglect
Understanding Child Abuse and Neglect

D’load

Read Online


Understanding Child Abuse and Neglect (1993)  Consensus Study Report

Purchase Options MyNAP members save 10% online.Login or Register Buy Paperback:$105.00Download Free PDFRead OnlineOverview

Contributors

National Research Council; Division of Behavioral and Social Sciences and EducationCommission on Behavioral and Social Sciences and EducationPanel on Research on Child Abuse and Neglect

Description

The tragedy of child abuse and neglect is in the forefront of public attention. Yet, without a conceptual framework, research in this area has been highly fragmented. Understanding the broad dimensions of this crisis has suffered as a result.[read full description]

Topics

Suggested Citation

National Research Council. 1993. Understanding Child Abuse and Neglect. Washington, DC: The National Academies Press. https://doi.org/10.17226/2117.

Import this citation to:

Publication Info

408 pages | 6 x 9
Paperback
ISBN: 978-0-309-04889-7
DOI: https://doi.org/10.17226/2117

The Lingering Trauma of Child Abuse

Child abuse can cause psychological ramifications for many years.

Posted Apr 24, 2011


The lingering effects of child abuse and PTSD Source: http://bodyconversations.com

In an earlier post, I talked about child neglect (known as an “act of omission”). On the other end of the spectrum of child abuse is physical abuse, an act of commission.

According to U.S. Department of Health and Human Services statistics for 2006, approximately 905,000 U.S. children were found to have been maltreated that year, with 16% of them reported as physically abused (the remainder having suffered sexual abuse or neglect.)1 In other studies, it’s been noted that approximately 14-43% of children have experienced at least one traumatic abusive event prior to adulthood.2 And according to The American Humane Association (AHA), an estimated 1,460 children died in 2005 of abuse and neglect.3

The AHA defines physical child abuse as “non-accidental trauma or physical injury caused by punching, beating, kicking, biting, burning or otherwise harming a child.”3 However, it can be challenging to draw the line between physical discipline and child abuse. When does corporal punishment cease to be a style of parenting and become an abusive behavior that is potentially traumatizing for its child victims in the long-term?

A recent episode of the popular television show Dr. Phil featured a woman whose extreme disciplinarian tactics later resulted in her arrest and prosecution for child abuse. A featured video showed her forcing her young adopted son to hold hot sauce in his mouth and take a cold shower as punishment for lying. Audience members were horrified—as was Dr. Phil—but the woman insisted that she couldn’t find a better way to control her child. Many child abusers are not aware when their behavior becomes harmful to a child or how to deal with their own overwhelm before they lose their tempers.

At its core, any type of abuse of children constitutes exploitation of the child’s dependence on and attachment to the parent.

Another therapeutic term that is used in conjunction with child abuse is “interpersonal victimization.” According to the book Childhood victimization: violence, crime, and abuse in the lives of young people by David Finkelhor, interpersonal victimization can be defined as “…harm that comes to individuals because other human[s] have behaved in ways that violate social norms.”5 This sets all forms of abuse apart from other types of trauma-causing-victimization like illness, accidents, and natural disasters.

Finkelhor goes on to explain: “Child victimizations do not fit neatly into conventional crime categories. While children suffer all the crimes that adults do, many of the violent and deviant behaviors engaged in by human[s] to harm children have ambiguous status as crimes. The physical abuse of children, although technically criminal, is not frequently prosecuted and is generally handled by social-control agencies other than the police and criminal courts. “5

What happens to abused children?

In some cases—depending on the number of reports made, the severity of the abuse, and the available community resources—children may be separated from their parents and grow up in group homes or foster care situations, where further abuse can happen either at the hands of other abused children who are simply perpetuating a familiar patterns or the foster parents themselves. In 2004, 517,000 children were living in foster homes, and in 2005, a fifth of reported child abuse victims were taken out of their homes after child maltreatment investigations.6 Sometimes, children do go back to their parents after being taken away, but these statistics are slim. It’s easy to imagine that foster care and group home situations, while they may ease the incidence of abuse in a child’s life, can lead to further types of alienation and trauma.

How does child abuse turn into Post Traumatic Stress Disorder?

For children that have suffered from abuse, it can be complex getting to the root of childhood trauma in order to alleviate later symptoms as adults. The question is, how does child abuse turn into Post Traumatic Stress Disorder later in life? What are the circumstances that cause this to happen in some cases and not others?

Statistics show that females are much more likely than males to develop PTSD as a result of experiencing child abuse. Other factors that help determine whether a child victim will develop PTSD include:7

  • The degree of perceived personal threat.
  • The developmental state of the child: Some professionals surmise that younger children, because they are less likely to intellectually understand and interpret the effects of a traumatic situation, may be less at risk for long-term PTSD).
  • The relationship of the victim to the perpetrator.
  • The level of support the victim has in his day-to-day life as well as the response of the caregiver(s).
  • Guilt: A feeling of responsibility for the attack (“I deserve it”) is thought to exacerbate the changes of PTSD.
  • Resilience: the innate ability to cope of the individual.
  • The child’s short-term response to abuse: For instance, an elevated heart rate post-abuse has been documented as increasing the likelihood that the victim will be later suffer from PTSD.

Carolyn Knight wrote a book called Working With Adult Survivors of Childhood Trauma that states: “Trauma, by definition, is the result of exposure to an inescapably stressful event that overwhelms a person’s coping mechanisms.”6 She points out that an important aspect of an event (or pattern of events) is that it exceeds the victim’s ability to cope and is therefore overwhelming. A child should not have to cope with abuse, and when abuse occurs, a child is not equipped psychologically to process it. The adults in their lives are meant to be role models on how to regulate emotions and provide a safe environment.

According to the American Academy of Child & Adolescent Psychiatry, some of the particular symptoms of child PTSD include:8

  • Frequent memories and/or talk of the traumatic event(s)
  • Bad dreams
  • Repeated physical or emotional symptoms whenever the child is confronted with the event
  • Fear of dying
  • Loss of interest in activities
  • Regular physical complaints such as headaches or stomachaches
  • Extreme emotional reactions
  • Trouble sleeping
  • Irritability, anger, violence
  • Difficulty concentrating
  • Constant or often clingy or whiny behavior and regression to a younger age
  • Increased vigilance or alertness to their environment

THE BASICS

Once a child has grown to be an adult, however, symptoms of PTSD can become more subtle as he or she learns how to cope with this in day-to-day life. The symptoms of PTSD can be quite general and can mimic other disorders: depressionanxiety, hypervigilance, problems with alcohol and drugs, sleep issues, and eating disorders are just a few. Many have problems in their relationships and trusting another person again. Many even end up in abusive relationships and find themselves re-enacting the past.

Community support is a vital tool in preventing child abuse and the PTSD that can result from it. If you suspect that you or a loved one is suffering from child abuse, please report it to your local Child Protection Services — or the police, if a child is in immediate danger. The longer that abuse continues, the higher the risk of causing severe symptoms.

  • For more information about actions to take if you suspect a case of child abuse, visit the Dreamcatchers website.
  • If you or a loved one may be suffering from delayed effects of trauma due to childhood abuse, I encourage you to make a therapyappointment with someone who specializes in trauma and who can put you on a path of healing.

REFERENCES:

Child Maltreatment 2006. Washington DC: US Department of Health and Human Services Administration for Children and Families, Administration on Children Youth and Families Children’s Bureau; 2008. 1-194

http://emedicine.medscape.com/article/916007-overview

http://www.americanhumane.org/

http://www.americanhumane.org/children/stop-child-abuse/fact-sheets/chil…

http://www.americanhumane.org/children/stop-child-abuse/fact-sheets/chil…

United States Department of Health and Human Services

Child Abuse and Neglect, Posttraumatic Stress Disorder” by Angelo P Giardino, MD, PhD, Clinical Associate Professor, Department of Pediatrics, Baylor College of Medicine; Medical Director, Texas Children’s Health Plan, Incarticle continues after advertisementnull

http://www.aacap.org/

About the Author

Susanne Babbel, Ph.D., M.F.T., is a psychologist specializing in trauma and depression.Online:website, Twitter, Facebook, LinkedIn


RETRIEVED https://www.psychologytoday.com/us/blog/somatic-psychology/201104/the-lingering-trauma-child-abuse

Unbiblical, Part 2 – Sin Nature v. Abuse-Related Guilt

Christians speak regularly about the “sin nature” of mankind, the inclination by human beings to do wrong, as illustrated by wars and crime.

The following verses on the topic are typical:

“…[T]he imagination of man’s heart is evil from his youth…” (Gen. 8:21).

“ ‘The heart is deceitful above all things, and desperately wicked…’” (Jer. 17:9).

“ ‘Then I will…take the stony heart out of their flesh, and give them a heart of flesh that they may walk in My statutes…’ ” (Ezek. 11: 19-20).

“ ‘For out of the heart proceed evil thoughts, murders, adulteries, fornications, thefts, false witness, blasphemies’ ” (Matt. 15: 19).

If anyone has experienced that sin nature, abuse victims have.  Victims, however, have been more sinned against than sinning.

Unfortunately, the continuous emphasis on sin is likely to sound like condemnation to victims, when what they need is love, encouragement, and hope.

Christians should remember that abuse leaves behind deep scars.  Victims of abuse may struggle with gender identification, sexual addiction or dysfunction, self-neglect, anxiety, depression, dissociation and related amnesia, drug or alcohol addiction, cutting, anorexia, bulimia, binging, and other issues.  The majority of prostitutes are thought to be runaways, with a history of abuse.

Dealing with major problems like these is not for the faint of heart.  Nor is it for the self-righteous.  Merely living ordinary lives can take enormous effort and enormous courage by abuse victims.  That victims, for the most part, accomplish this is amazing.

Victims should not be made a topic of gossip.  Nor should they be subjected to snap judgments, whether about their morality or mental state.

Above all, victims should be reassured that they were not the guilty party in abuse; that, as children, they were wholly incapable of consent to whatever was done to them; and that God still loves them, despite all they have been through.

Originally posted 3/15/15

This series will continue next week with Humility v. Lack of Worth

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: https://alawyersprayers.com


RETRIEVED https://avoicereclaimed.com/2018/11/25/unbiblical-part-2-sin-nature-v-abuse-related-guilt-2/