CRIMES AGAINST CHILDREN: EXPLOITATIVE, EMOTIONAL AND PHYSICAL FACTORS BY - AYUSH SINGH SIKARWAR
AUTHORED
BY - AYUSH SINGH SIKARWAR
CLASS - BA-LLB 3rd Year
ABSTRACT
This article delves into the
multifaceted issue of crimes against children, shedding light on the
exploitative, emotional, and physical factors that plague societies across the
globe. Drawing upon a wide range of research and case studies, it examines the various
forms of child exploitation, the emotional trauma inflicted upon young survivors,
and the physical consequences they endure. By analyzing the complex interplay
of these factors, the article seeks to raise awareness and promote informed
discussions on strategies to combat and prevent such heinous crimes, ultimately
advocating for the protection and well-being of children worldwide.
KEYWORDS
Crimes, Children, emotional, physical,
exploitative, survivors, protection, rights, online, health, reporting,
violence, malnutrition, punishment, mental, bullying.
INTRODUCTION
The introduction of laws addressing
crimes against children, including exploitative, emotional, and physical
factors, stems from a combination of historical developments, societal
awareness, and legal frameworks.
Throughout history, children were
often vulnerable to various forms of abuse and exploitation due to their
limited legal rights and protections. Early child labor practices and the lack
of child welfare laws exposed children to dangerous working conditions and
neglect. The Industrial Revolution in the 18th and 19th centuries led to the
widespread employment of children in hazardous factories. This prompted calls
for child labor reform. Legislation gradually emerged in many countries to
regulate child labor and set minimum age requirements for work.
The early 20th century saw the
emergence of child protection agencies and organizations focused on
safeguarding children's rights and welfare. The United Nations adopted the
Universal Declaration of Human Rights in 1948, which included principles
related to the rights of children. In 1989, the UN adopted the CRC, a landmark
treaty that set out the civil, political, economic, social, and cultural rights
of children. It explained numerous forms of abuse and exploitation, including
emotional and physical abuse.
Countries around the world have
developed legal frameworks to address crimes against children, including laws
against child abuse, child labor, child trafficking, child pornography, and
child marriage. These laws aim to protect children from exploitation, emotional
trauma, and physical harm. Also, Child advocacy organizations and awareness
campaigns have played a crucial role in highlighting the issues of child
exploitation, abuse, and neglect.
RESEARCH METHODOLOGY
The method of research used for this
is qualitative of grounded nature. Various official websites like world health organization
and UNICEF etc., articles, case commentaries have been referred. The grounded
research methodology has helped the researcher to study the laws, measures, cases,
societal facts and figures and consequences of the concern matter from the online
official websites, books which have been used for qualitative research.
JURISPRUDENTIAL ASPECT
Jurisprudence plays a crucial role in
shaping the legal framework for addressing crimes against children by analyzing
the ethical, moral, and legal dimensions of these issues and guiding the
development of effective legal remedies and protections.
When dealing directly with children a
one must understand the legal and ethical concerns, and their limitations, and
patient/client boundaries. These include:
·
Implementation
of the UN Convention
·
The
requirements for consent
·
The
rights of the child
·
The
child's right to privacy
·
Responsibilities
of parents and guardians
In 1989, world leaders made historic
commitments to the world's children by adopting the United Nations Convention
on the Rights of the Child. It is the most ratified human rights treaty in
history and has helped transform the lives of children around the world.
EXPLOITATIVE FACTORS
Child exploitation refers to the
harmful and unethical use of children for various purposes, often to their
detriment. Exploitative factors in crimes against children can take various
forms
·
Child
Labor Exploitation: This involves forcing or coercing children into labor that
is harmful to their physical or mental development. It may include long working
hours, hazardous conditions, and lack of access to education.
·
Child
Sex Trafficking: Child sex trafficking is the commercial sexual exploitation of
children through force, fraud, or coercion. Victims are often forced into
prostitution or other forms of sexual exploitation against their will.
·
Child
Pornography: This involves creating, distributing, or possessing explicit
images or videos of minors engaged in sexual activities. It's a form of
exploitation as it victimizes the children involved.
·
Child
Marriage: Child marriage involves marrying children below the legal age, often
without their consent. It can lead to physical and emotional harm and is
considered a form of exploitation.
·
Online
Exploitation: Children can be exploited through online grooming, cyberbullying,
or lured into sharing explicit content. This type of exploitation occurs in the
digital realm.
Every kid has the right to be safe
from violence, abuse, exploitation, neglect, and other potentially damaging
behaviors. Nonetheless, millions of children in South Asia are subjected to
violence and destructive behaviors, including at home, school, and in the
community, which can have major long-term implications.
Nearly 9 out of 10 children in
Bangladesh, 8 out of 10 in Nepal, and 7 out of 10 in Afghanistan aged 1 to 14
reported receiving harsh punishment at home.
Also Bullying, a dangerous kind of
peer aggression that includes cyberbullying, affects a huge number of students
in the area. Bullying was reported by more than 50% of Nepalese students
between the ages of 13 and 15, 30% of students in Bhutan and the Maldives, and
over 40% of students in Pakistan and Afghanistan. In South Asia, 1 in 4 young
women were married before their 18th birthday.[1]
In the Democratic Republic of the
Congo and Equatorial Guinea, the prevalence of partner violence is 70% or more,
while it approaches or surpasses 50% in Uganda, the United Republic of Tanzania,
and Zimbabwe.
Males between the ages of 10 and 19
who are killed by another person tend to be killed by homicide in Panama,
Venezuela, El Salvador, Trinidad & Tobago, Brazil, Guatemala, and Colombia.
Nigeria has 13,000 child murders, which is the most. The United States has the
highest murder rate among Western European and North American nations.
In Chad, Egypt, and Yemen, more than
40% of children aged 2 to 14 are subjected to severe physical punishment. In
Swaziland, 82% believe corporal punishment is required.[2]
A complex issue, violence against
children has causes at the individual, interpersonal, communal, and social
levels.
·
Age:
Younger children have access to smartphones and the internet can expose
children to online predators and more vulnerable to exploitation due to their
limited understanding of risks and consequences.
·
Socioeconomic
Status: Children from disadvantaged backgrounds may be more vulnerable because
perpetrators may exploit their economic needs. Children who are socially
isolated or have limited social support systems may be easier targets for
exploitation.
·
Family
Dysfunction: Children in dysfunctional or abusive family environments may be at
greater risk, as perpetrators may exploit their vulnerability. This can lead to
Children with mental health challenges may be more susceptible to manipulation
and coercion.
·
Lack
of Education: Limited access to education can make children more susceptible to
exploitation, as they may lack awareness and knowledge about their rights.
·
Previous
Trauma: Children who have experienced previous trauma or abuse like in areas
with high crime rates or limited law enforcement presence may be at increased
risk, as perpetrators may exploit their emotional vulnerabilities.
Case studies and examples of
exploitative are
In the United States, there have been
numerous cases of adults using social media and online platforms to groom
children for sexual exploitation. For instance, the case of Jared Fogle, the
former Subway spokesperson, who was sentenced to prison for possession of child
pornography and engaging in sexual acts with minors he met online.
Also, the cocoa industry has been
criticized for exploiting child labor. Many children, particularly in West
Africa, are involved in hazardous work on cocoa farms, often denied education
and subjected to harsh conditions.
EMOTIONAL FACTORS
Emotional abuse in the context of
crimes against children refers to a pattern of behavior by a caregiver or
authority figure that harms a child's emotional well-being and development. It
involves consistent actions or words that undermine a child's self-esteem,
self-worth, and emotional security.
Types of emotional abuse in this
context include:
·
Verbal
Abuse: This involves using harsh, belittling, or demeaning language toward the
child, such as insults, yelling, or name-calling.
·
Constant
Criticism: Consistently criticizing, ridiculing, or making negative comments
about the child's abilities, appearance, or worth can be emotionally abusive.
·
Terrorizing
or Intimidating: Using threats, intimidation, or fear tactics to control the
child's behavior can lead to significant emotional trauma.
·
Emotional
Manipulation: Manipulating a child's emotions, such as guilt-tripping, blaming
them for the caregiver's problems, or using emotional blackmail, constitutes
emotional abuse.
·
Gaslighting:
This involves making the child doubt their own feelings, perceptions, or
reality, causing confusion and distress.
Crimes against children can have
profound and long-lasting psychological effects on them. Children who
experience crimes such as abuse, neglect, or witnessing violence may develop
symptoms of post-traumatic stress disorder (PTSD). They can have flashbacks,
nightmares, and severe anxiety. Survivors of crimes may struggle to trust
others, even those who are trying to help them. This can affect their ability
to form healthy relationships in the future. Children may have difficulty
regulating their emotions. The emotional effects of crimes against children can
have a lasting impact, affecting their mental health, relationships, and
overall well-being throughout their lives.
Crimes against children can damage
their self-esteem and self-worth. They may blame themselves for what happened
or feel a sense of shame. Many children who experience crimes against them are
at a higher risk of developing depression and anxiety disorders. These
conditions can persist into adulthood. Also, Victims may face difficulties in
school due to emotional distress, leading to academic challenges. They may also
struggle with social interactions.
It's essential to provide these
children with proper support, including therapy, counseling, and a safe
environment, to help them heal and mitigate the long-term psychological effects
of such crimes. Early intervention and a supportive network can make a
significant difference in their recovery.
Society should Encourage teachers,
healthcare providers, and caregivers to be vigilant for signs of emotional
distress or abuse in children. Mandatory reporting laws should be in place to
ensure any suspicions are reported to the appropriate authorities. They should
Raise awareness about the importance of emotional well-being in children
through public campaigns, workshops, and educational programs. Teach children
about their emotions, boundaries, and how to seek help if they feel threatened.
Elder should Create safe and supportive environments at home, in schools, and
in communities. This includes promoting positive parenting, nurturing
relationships, and fostering open communication between children and adults.
There should be Training for law
enforcement, healthcare professionals, and social workers in recognizing and
addressing emotional factors in crimes against children. This can improve the
quality of investigations and interventions. Also, they should ensure access to
mental health services for children who have experienced emotional trauma. This
may involve therapy, counseling, and support groups tailored to their age and
needs.
Every nation should Strengthen and
enforce laws and policies that protect children from emotional abuse, neglect,
and exploitation. This includes prosecuting offenders and imposing appropriate
penalties. Government must focus on Educating children and parents about online
safety to prevent cyberbullying and online exploitation, which can have severe
emotional consequences.
Remember that prevention and
intervention efforts should be multifaceted and collaborative, involving
government agencies, non-profit organizations, healthcare providers, educators,
and the community as a whole. By addressing emotional factors in crimes against
children comprehensively, we can work towards a safer and more supportive
environment for all children.
PHYSICAL FACTORS
Physical abuse of children refers to
the intentional use of force that results in physical harm or injury to a
child. This type of abuse can manifest in various forms and contexts, often
associated with crimes against children
Definition
Physical abuse involves actions that
cause physical harm, pain, or injury to a child by a caregiver or adult
authority figure. It can include hitting, punching, slapping, kicking, shaking,
burning, or any other form of physical violence directed towards a child.
Types of Physical Abuse:
1. Hitting or Striking: This involves
the use of physical force to cause pain or injury to a child, such as hitting
with hands or objects.
2. Shaking: Violently shaking a baby or
young child, which can cause severe brain damage or even death (known as Shaken
Baby Syndrome).
3. Biting or Scratching: Inflicting
injuries by biting or scratching a child.
4. Force-Feeding: Forcing a child to eat
or drink against their will, often to the point of physical harm.
5. Tying or Restraining: Using
restraints or tying a child up in a way that causes physical harm or distress.
6. Excessive Physical Discipline: Using
physical punishment excessively or inappropriately, such as spanking to the
point of injury.
It's important to note that child
protection agencies, law enforcement, and healthcare professionals are trained
to identify and respond to cases of child abuse. If you suspect a child is
being physically abused, it's essential to report your concerns to the
appropriate authorities to ensure the child's safety and well-being.
Crimes against children can have
severe physical and psychological consequences. Children may suffer physical
injuries, such as bruises, broken bones, or even life-threatening injuries,
depending on the nature of the crime. Similarly, in cases of sexual abuse,
children may experience physical trauma, pain, or infections. This can lead to
long-term health problems, including sexually transmitted infections (STIs),
chronic pain, or developmental issues.
Children who experience abuse or
trauma may be at higher risk of engaging in self-harming behaviors or
developing suicidal tendencies. Physical symptoms like headaches or
stomachaches can manifest as a result of the emotional stress caused by crimes
against children.
It's important to note that child
protection agencies, law enforcement, and healthcare professionals are trained
to identify and respond to cases of child abuse. If you suspect a child is
being physically abused, it's essential to report your concerns to the
appropriate authorities to ensure the child's safety and well-being.
Anyone who suspects or eyewitness’s child
abuse should report it immediately to the relevant authorities, such as Child
Protective Services or law enforcement. Reporting can typically be done
anonymously in many jurisdictions to protect the reporter's identity. If there
are physical signs of abuse or injury, the child should receive prompt medical
attention. Medical professionals can assess and document injuries, which may
serve as crucial evidence in legal proceedings.
Law enforcement agencies will
investigate the case, gather evidence, and interview involved parties.
Cooperation with law enforcement is essential to building a case against the
perpetrator. If there is sufficient evidence, criminal charges may be filed
against the perpetrator. The child may also become involved in dependency court
proceedings to determine their long-term safety and placement Professionals who
work with children, such as teachers and healthcare providers, are typically
mandated reporters, required by law to report suspected abuse. Failure to
report can have legal consequences. Community programs and educational efforts
can help raise awareness about child abuse and provide information on how to
recognize and report it. Preventive measures, such as parenting classes and
support networks, can also be beneficial.
It's important to prioritize the
safety and well-being of the child in cases of crimes involving physical
factors. Timely reporting and coordinated intervention from various agencies
and professionals are essential to protect vulnerable children from harm.
CASE LAWS
Re Gault v. United States (1967)[3]
The Supreme Court agreed to consider
the case in order to evaluate the juvenile defendant's legal rights in
delinquency hearings when jail is a possibility.
Facts
On June 8, 1964, Gerald Gault, a
15-year-old, was accused of making an indecent phone call to a neighbor. Gault
and a buddy were detained at the Children's Detention Home. Gault's parents
were at work at the time, and the arresting officer did not leave them any
notification. Gault's mother dispatched his elder brother to seek for him, and
the family of Ronald Lewis learnt of his imprisonment. Gault's first court
appearance was unofficial, with no transcript or recording created and no one
swore in. The court questioned Gault, and there are different stories of his
confessions. Following his discharge, his parents were told of an upcoming
hearing on June 15, 1964.
Judgement
The
Court emphasized the importance of due process as the foundation of individual
freedom and emphasized that procedural rules derived from due process are the
best tools for evaluating essential facts from conflicting data. In re Gault,
the Court noted that if Gault had been 18, he would have been afforded
procedural safeguards available to adults. The Court examined the juvenile
court system and concluded that juveniles facing delinquency and incarceration
are entitled to certain procedural safeguards under the Due Process Clause of
the Fourteenth Amendment.[4]
R v. Collins (1973) U.K.[5]
The defendant claimed that the trial
judge erred in instructing the jury on the meaning of the phrases 'trespass'
and 'enter' under the 1968 Act. The defendant admits to going into the girl's
room. However, the lady's bed was immediately next to the window, and the
accused said that the woman spotted him, wrapped her arms around him, and
followed him into the home. As a result, it seemed as though she was beckoning
him inside the building. As a result, it was claimed that he was not a
trespasser.
Facts
After a late-night drinking session,
Collins, a 19-year-old laborer, had access through a ladder to a very small
household he knew of. He was found guilty of burglary with the intent to rape
an 18-year-old woman and given a jail term. At this appeal, it was reversed.[6]
The survivor had seen her boyfriend,
who was blond and of similar build to the defendant, a few hours before the
relevant intercourse in issue. She was fairly drunk when they parted and she
went to bed; she slept naked that July night in her room, which the defendant knew
the location of since he had done some work in the house. At 02:00 am, the
defendant ascended the ladder and, claiming great Dutch bravery, saw the
sleeping woman, stripped to his socks, and rested kneeling on the sill - he
"was just pulling [him]self in" to beg for sex when the survivor
awoke, thinking she was meeting her partner. In bed, both of them had sex. In
further dialogue, the survivor realized her error (mistake of identity) and
attacked and bit her unintentional companion; no charges were filed for this
reaction. He walked out of the home. The jury dismissed his claim that he would
not have entered if not for the invitation. In testimony, he claimed
unequivocally that he intended to "have his way with a girl" that
night.
Judgement
The appeal was granted, and the
conviction was reversed. According to Davis LJ, in order to be a trespasser
under Section 9(1)(a) of the Theft Act 1968, a person must either enter knowing
that he is trespassing or act carelessly as to whether he is a trespasser or not.
For the purposes of criminal culpability, an accused should be evaluated on the
facts as he thought them to be, including any errors in his civil liability.
Because of the architecture of the room, the defendant may have thought the
girl was welcoming him inside when she wrapped her arms around him.[7]
In re Winship (1970)[8]
In this case, the Court ruled that
the standard of proof in juvenile delinquency proceedings should be
"beyond a reasonable doubt," the same as in adult criminal trials.
This decision emphasized the importance of protecting the rights of juveniles
and ensuring that they receive the same level of due process as adults in the
criminal justice system
Facts of the case
Samuel Winship was charged as a
juvenile delinquent when he was twelve years old for breaking into a woman's
locker and taking $112 from her wallet. Additionally, it was claimed that if
Winship had committed the conduct as an adult, it would have constituted theft.
A Family Court declared Winship guilty while admitting that the evidence did
not prove his guilt beyond a reasonable doubt by relying on Section 744(b) of
the New York Family Court Act, which mandated that decisions of a juvenile's
guilt be based on a preponderance of the evidence. Before the Supreme Court
granted certiorari, the New York Court of Appeals and the Appellate Division of
the New York Supreme Court both rejected Winship's appeal of the court's
adoption of the lower "preponderance of the evidence" burden of
proof.
Judgement
The Court ruled by a vote of 5 to 3
that for determining the guilt of criminal charges, the strict
"reasonable-doubt" standard must be applied to both adults and
adolescents. The Court observed that by establishing guilt only on a
"preponderance of the evidence," as is typical in civil proceedings,
courts were depriving criminal defendants of a crucial constitutional safeguard
against their fate being wrongly decided due to fact-finding errors. The Court ruled
that simple differences in age among criminal defendants do not justify the
adoption of differing requirements of proof as long as they all fear loss of
liberty as a possible sentence.[9]
FINAL RESULTS AND FINDINGS
·
Nearly
3 in 4 children - or 300 million children - between the ages of 2 and 4
regularly endure physical punishment and/or psychological violence from their
parents and guardians.
·
One
in five women and one in thirteen men say they were victims of sexual abuse as
children between the ages of 0 and 17.
·
120
million girls and young women under the age of 20 have experienced some form of
forced sex.
·
The
consequences of child abuse include impaired physical and mental health
throughout life, and social and occupational consequences that can ultimately slow
a child's economic and social development.
·
Child
abuse is often hidden. Only a small proportion of child abuse victims receive
support from medical professionals. An abused child is more likely to abuse
others as an adult, so violence is passed from generation to generation. It is
therefore essential to break this cycle of violence and in doing so, create
positive multi-generational impacts.
·
Preventing
child abuse before it starts is possible and requires a multidisciplinary
approach.
·
Effective
prevention methods include supporting parents, teaching positive parenting
skills and improving laws prohibiting violent punishment.
·
Ongoing
care for children and families can reduce the risk of abuse recurring and
minimize its consequences.[10]
·
Forced
sex has occurred in the lives of around 15 million young females aged 15 to 19.
·
Approximately
10% of the world's youngsters do not have legal protection against physical
punishment.
·
Bullying
affects one out of every three students aged 13 to 15.
·
One
in every four children under the age of five, or 176 million, lives with a
mother who is a victim of intimate partner abuse.[11]
CONCLUSION
The overall significance of the study
on crimes against children, considering exploitative, emotional, and physical
factors, lies in its potential to inform policies, interventions, and awareness
campaigns.
The study's findings can guide the
development of targeted intervention programs to support child victims and
prevent further victimization. This includes therapy, support groups, and
educational initiatives. As child exploitation often transcends borders, this
study can encourage international collaboration to combat these crimes
effectively. It can also assist law enforcement in identifying patterns and
trends related to these crimes, aiding in the apprehension and prosecution of
offenders.
Therefore, it is crucial for society
to prioritize prevention, early intervention, and support systems to protect
children from such harm and ensure their well-being. Collaboration among law enforcement,
child protection agencies, and communities is essential to combat these crimes
effectively and provide a safer environment for all children.
REFERENCES