This Document Contains Chapters 7 to 9 Chapter 7 Professionals and Their Response to Child Abuse TEACHING POINTS • The goal of intervention is to protect the child from abuse. The child’s safety and health must be the overriding issue in any decision to intervene. • All states in the United States have enacted statutes with the specific goal of protecting abused children by mandating reporting of suspected child abuse cases to the authorities. • No uniform reporting code has been adopted by all states in this area of the law. However, most states have passed legislation that contains similar characteristics that include when reporting is required, who must report, and the consequences of reporting. • The reporting statutes require that certain classes of professionals who normally come into contact with children report cases of suspected child abuse. The theory is that a young child cannot speak for him- or herself and, therefore, intervention and protection from a dangerous situation is necessary. • Child sexual abusers generally are not skuzzy looking strangers in trench coats. For the most part, they are individuals who have cloaked themselves with a high degree of respectability in the community. They are coaches, teachers, priests, or other high-ly respectable individuals in the community. • Child sexual abuse victims are very reluctant to report the abuse. • Eye witnesses to such events are also reluctant to get involved. • A suspicion based on the professional’s education and training is sufficient to trigger the reporting mandate. • The statutes apply to most professionals who might have regular contact with young children. Physicians, nurses, social workers, teachers, psychologists, psychiatrists, and counselors are normally covered by these laws and are therefore required to report cases of suspected child abuse. • The reporting statutes require incidents of suspected child abuse to be reported even when confidential relationship exists. In essence, this privilege is waived for purposes of reporting. To help understand the extent of child abuse, the National Child Abuse and Neglect Data System (CANDS) was developed. • Most of these reporting laws authorize agencies to remove the child from the custody of the parents if there is reason to believe the child is in imminent danger. • All states have laws requiring sex offenders to register with a department or law enforcement agency. • Once any professional suspects that a child has been a victim of abuse, the interview process takes on an entirely different perspective. The questions asked, the environment in which the interview is conducted, and the motives of the interviewer could have a direct impact on any court intervention. • One of the most important aspects of interviewing child abuse victims is their ability to recall the incident or incidents. • Children’s memory can be classified into two types: recognition and free recall. • Recognition memory occurs when the child is cued or is able to perceive an object or event that was first perceived at an earlier time. For example, showing a child a photographic lineup and having the child identify the perpetrator is a form of recognition memory. • Free recall memory occurs when the child can recollect the event without the aid of cues or other assistance. This is the most complex form of memory. This type of memory is used most often in court proceedings. Questions such as “What happened on this night?” would trigger free recall? • From a legal perspective, the most acceptable form of questioning of an abused child is using open-ended questions. An open-ended question does not suggest or imply an answer. Examples of open-ended questions are “Did anything happen to you?” “Were you doing anything?” and “Where was your daddy?” • A leading question is one that suggests the answer to the witness. The rationale behind prohibiting leading questions is to remove the ability of the interviewer to suggest answers to the victim. TESTBANK FOR CHAPTER 7 Multiple Choice Questions 1. A confidential communication is a. one that cannot under any circumstances be divulged. b. information that is made under circumstances where the speaker intended that the statement be shared only with the recipient of the information. c. can be waived at any time by the recipient of the information. d. both b and c. Answer: b 2. The person who communicates the confidential information to the professional is a. known as the recipient of the communication. b. mandated to report suspected cases of abuse. c. a lay person who cannot bar disclosure. d. the holder of the privilege and can bar disclosure or waive it as they deem necessary. Answer: d 3. Megan’s Laws involve a. notification of the community of the location of a released sex offender. b. mandatory registration of sex offenders c. one strike (sex offense) requires a twenty-year life sentence. d. unconstitutional notification requirements. Answer: a 4. Children’s memory can be classified into the following types: a. recognition and association. b. association and free recall. c. recognition and free recall d. free association and forced recognition. Answer: c 5. Recognition memory occurs a. when the child is cued or is able to perceive an object or event that was perceived at an earlier time. b. when the child can recollect the event without the aid of cues or other assistance. c. when the child recovers his or her memory after a period of time. d. both a and b. Answer: a 6. Recall memory occurs a. when the child is cued or is able to perceive an object or event that was perceived at an earlier time. b. when the child recovers his or her memory after a period of time. c. when the child can recollect the event without the aid of cues or other assistance. d. both a and c. Answer: c 7. An example of an open ended question is: a. Your Daddy touched your privates didn’t he? b. When your Daddy walked into the room, what did he do? c. On the morning you were hurt, where was your Mother? d. Did anything happen to you? Answer: d 8. An example of a focused question is a. Where was your Daddy? b. When your Daddy walked into the room, what did he do? c. Were you doing anything? d. Did your Mother hit you every day when she drank? Answer: b 9. An example of a leading question is a. Did your Daddy say anything before he touched you? b. Are you aware that telling a lie is considered perjury and subjects you to criminal sanctions? c. Your Daddy touched your private parts didn’t he? d. When your Daddy walked into the room, what did he do? Answer: c 10. An example of a coercive question is a. Is it true that you saw your brother being hit by your Mother? b. Are you aware that telling a lie is considered perjury and subjects you to criminal sanctions? c. Your Daddy touched your privates didn’t he? d. Where was your Daddy? Answer: b 11. Hearsay is a. any out of court statement that is offered in court for the truth of the matter stated. b. only those out of court statements made by the suspect which are offered for the truth of the matter stated. c. a rule of evidence that applies only in criminal cases. d. both a and c. Answer: a 12. Which of the following is not an exception to the hearsay rule? a. excited utterances b. statements made by the victims of abuse. c. out of court statements offered for the truth of the matter stated. d. declarations against interest. Answer: c 13. An admission under the hearsay rule is a. a statement made whenever a person is excited as a result of a traumatic event. b. a statement by a non-party that is against his or her own interest. c. a statement or conduct of a party in the action which is offered against him or her in the trial. d. a statement relating to a state of mind that relates to the declarant’s mental condition. Answer: c 14. Competency requires a. that the witness understands the nature of the proceedings. b. that the witness be able to accurately related what transpired. c. that the witness is able to testify without violating the hearsay rule. d. both a and b. Answer: d 15. Recovered Repressed Memory a. is accepted by all professionals who work with victims of family violence. b. is still considered controversial by a variety of professionals. c. is the same as Posttraumatic Stress Disorder. d. is the same as Acute Stress Disorder Answer: b 16. Anatomical dolls are sometimes used in interviewing victims of child abuse. These dolls assist professionals in the following ways: a. they allow the child to explain what occurred by referring to the doll rather than themselves. b. the child’s interactions with the doll may provide additional clues to the interviewer. c. these dolls may facilitate communication. d. all of the above. Answer: d 17. Expert testimony in child sexual abuse may take which of the following forms? a. opinion b. dissertation c. answers to hypothetical questions d. all of the above. Answer: d 18. A dissertation is expert testimony which a. includes an opinion and sets forth scientific facts relevant to the case that allows the trier to fact to draw their own conclusions. b. does not include an opinion , but sets forth scientific facts relevant to the case that allows the trier to fact to draw their own conclusions. c. includes a written hypothesis, data set, literature review and conclusion. d. sets forth scientific facts relevant to the case that allows the trier to fact to draw their own conclusions. Answer: b 19. A hypothetical question a. sets forth certain facts and asks the expert to give an opinion based upon those facts. b. is never permitted in child sexual abuse cases. c. sets forth scientific facts relevant to the case and allows the trier of fact to draw their own conclusions. d. can only be asked of an expert witness who has a M.D. or a Ph.D. Answer: a 20. The most traditional form of expert opinion is: a. medical b. scientific c. psychological d. both a and c. Answer: d 21. Medical expert opinions a. are never admitted unless the perpetrator has undergone a physical examination. b. include a medical history c. may be based upon physical examinations, laboratory results and a medical history. d. all of the above. Answer: c True-False Questions 1. Most reporting laws require designated professionals to prove that in fact the child victim was abused when they file a report. Answer: False [Note: Most statutes mandate reporting if the professional has a good faith suspicion that child abuse has occurred.] 2. Today, one of the most commonly raised issues in child abuse cases is the validity of out of court interviews with the victim. Answer: True 3. When a nurse who is on duty at a hospital emergency room repeats statements made to her by a child victim to a police officer, the statements are hearsay. Answer: False [Note: Only statements offered in court are hearsay.] 4. Some commentators argue that the hearsay rule has been consumed by the number of exceptions written into statutes by legislatures. Answer: True 5. There are no significant disadvantages to videotaping victims of abuse. Answer: False 6. Assistance to the jury is not considered valuable in expert witness testimony for child abuse cases. Answer: False 7. Most states have both civil and criminal penalties for failing to report child abuse. Answer: True Essay Questions 1. List and describe the elements of child abuse reporting laws as set forth in the text. Answer: In the context of child abuse reporting laws, several key elements are typically included to ensure the safety and well-being of children. These elements are designed to encourage reporting of suspected abuse or neglect and to outline the responsibilities of individuals and entities in reporting such cases. Here are the main elements: 1. Mandated Reporting: These laws typically require certain professionals, such as teachers, doctors, social workers, and others who work closely with children, to report suspected cases of child abuse or neglect. Failure to report can result in legal penalties. 2. Definition of Child Abuse: The laws define what constitutes child abuse or neglect, which can include physical abuse, sexual abuse, emotional abuse, neglect, and exploitation. 3. Reporting Procedures: Laws outline the procedures for reporting suspected abuse, including who should be contacted (often child protective services or law enforcement), what information should be included in the report, and the timeline for reporting. 4. Immunity: In many jurisdictions, individuals who report suspected child abuse in good faith are granted immunity from civil or criminal liability. 5. Confidentiality: Laws often require that reports of child abuse be kept confidential to protect the privacy of the child and the family involved. 6. Penalties for Failure to Report: Professionals who fail to report suspected abuse or neglect may face penalties, such as fines or loss of professional licensure. 7. Child Protective Services: Laws typically establish or designate a child protective services agency to receive and investigate reports of child abuse or neglect. 8. Interagency Cooperation: Laws may require cooperation and coordination among various agencies, such as law enforcement, child protective services, and medical professionals, to ensure a comprehensive response to reports of child abuse. These elements are intended to ensure that suspected cases of child abuse or neglect are promptly reported, investigated, and addressed to protect the safety and well-being of children. 2. Under what circumstances, if any, should a professional be required to warn a parent that information the professional is receiving might be disclosed to the authorities? Answer: A professional should be required to warn a parent that information they are receiving might be disclosed to the authorities in situations where: 1. Mandatory Reporting Laws: If the professional is a mandated reporter of child abuse or neglect, they should inform the parent that any suspicions or reports of abuse will be reported to the appropriate authorities, as required by law. 2. Imminent Danger: If the professional believes that the child or another person is in imminent danger, they should inform the parent that they may need to disclose information to protect the safety of the child or others. 3. Legal Obligations: If the professional is legally obligated to disclose certain information, such as in cases of suspected child abuse, domestic violence, or certain criminal activities, they should inform the parent of their obligation to disclose such information. 4. Informed Consent: In some cases, professionals may need to obtain informed consent from the parent before disclosing certain information to the authorities. In such cases, the professional should inform the parent of the potential disclosure and obtain their consent before proceeding. In all cases, professionals should consider the best interests of the child and act in accordance with ethical guidelines and legal requirements regarding confidentiality and disclosure of information. 3. Describe the evidentiary issues that are present in interviewing child victims. Answer: Interviewing child victims presents several evidentiary issues due to the unique nature of these cases and the challenges associated with obtaining reliable and admissible evidence. Some of the key evidentiary issues in interviewing child victims include: 1. Competency and Credibility: Children may be deemed incompetent to testify in court if they are unable to understand the difference between truth and falsehood or if they are unable to communicate about the events in question. Additionally, their credibility may be questioned due to their age, suggestibility, or potential bias. 2. Suggestibility: Children are more susceptible to suggestion and influence, which can lead to false memories or inaccurate statements. Interviewers must use appropriate techniques to avoid suggestive questioning and ensure that the child's statements are reliable. 3. Memory and Recall: Children's memories are not as reliable as adults', and they may have difficulty recalling specific details or events. Interviewers must be aware of these limitations and use techniques that are appropriate for the child's age and developmental level to elicit accurate information. 4. Trauma and Stress: Child victims of abuse or trauma may experience stress and anxiety, which can affect their ability to recall and report events accurately. Interviewers must be sensitive to the child's emotional state and use appropriate techniques to minimize stress and anxiety during the interview process. 5. Leading Questions: Interviewers must avoid asking leading questions that suggest a particular answer or influence the child's responses. Leading questions can lead to unreliable or inadmissible evidence. 6. Corroboration: In cases involving child victims, corroboration of the child's statements may be necessary to establish the credibility of their allegations. Corroborating evidence can include physical evidence, witness statements, or other forms of evidence that support the child's account. 7. Expert Testimony: In some cases, expert testimony may be necessary to explain the behavior of child victims, the effects of trauma on memory and recall, and other relevant issues. Expert testimony can help to establish the reliability and credibility of the child's statements. 8. Legal Protections: Special legal protections may apply to child victims, such as allowing them to testify via closed-circuit television or in the presence of a support person. These protections are intended to minimize the trauma and stress of the legal process for the child. Overall, interviewing child victims requires specialized training and techniques to overcome the evidentiary challenges associated with these cases. Interviewers must be aware of the unique characteristics of child victims and use appropriate methods to obtain reliable and admissible evidence. 4. Compare and contrast the argument for removing a child from his or her home with the arguments for leaving the child in the home and working with the parents. Answer: Removing a child from their home and leaving the child in the home while working with the parents are two options that child welfare agencies consider when assessing cases of suspected abuse or neglect. Both options aim to ensure the safety and well-being of the child, but they differ in their approach and potential outcomes. Here is a comparison of the arguments for each option: Removing the Child from the Home: 1. Safety: Removing the child from the home is seen as a way to immediately ensure the child's safety in cases where there is a high risk of harm or danger. 2. Protection: Removal can protect the child from further abuse or neglect while investigations and assessments are conducted to determine the best course of action. 3. Intervention: Removal can provide the opportunity for intensive interventions and services to address the underlying issues in the family, such as parenting skills, substance abuse, or mental health issues. 4. Legal Obligations: In some cases, child welfare agencies may be legally obligated to remove a child if there is evidence of abuse or neglect that poses a significant risk to the child's safety. Leaving the Child in the Home and Working with the Parents: 1. Family Preservation: Leaving the child in the home supports the goal of keeping families together whenever possible, which is often seen as in the best interest of the child. 2. Less Disruption: Keeping the child in the home can minimize the trauma and disruption that can occur from being removed from their family and placed in foster care. 3. Supportive Services: Working with the parents while the child remains in the home allows for the provision of supportive services, such as parenting classes, counseling, and substance abuse treatment, to address the issues contributing to the abuse or neglect. 4. Reunification: Keeping the child in the home with appropriate services and support can lead to successful reunification with the family if the issues are addressed and the home becomes safe for the child. In conclusion, the decision to remove a child from their home or leave them in the home while working with the parents depends on the specific circumstances of each case and the assessment of the risks and benefits of each option. Both options aim to ensure the safety and well-being of the child, but they differ in their approach and potential outcomes. 5. What is required before the court will admit expert witness testimony in child sexual abuse cases? Answer: Before the court will admit expert witness testimony in child sexual abuse cases, several requirements must typically be met. These requirements are intended to ensure that the expert's testimony is reliable and relevant to the case. Some common requirements include: 1. Qualifications: The expert must be qualified to testify on the specific issues related to child sexual abuse. This may include having relevant education, training, and experience in the field of child psychology, forensic interviewing, or other relevant areas. 2. Reliability: The expert's testimony must be based on reliable methods and principles. This may require the expert to demonstrate that their opinions are based on accepted scientific research and methodologies. 3. Relevance: The expert's testimony must be relevant to the issues in the case. This means that the expert's opinions must be helpful to the trier of fact (usually the judge or jury) in understanding the evidence or determining the facts of the case. 4. Non-prejudicial: The expert's testimony must not be unduly prejudicial to the parties involved in the case. This means that the expert's opinions must be based on sound reasoning and not be influenced by bias or improper motives. 5. Disclosure: The expert must disclose the basis for their opinions, including any data, research, or other information on which they rely. This allows the opposing party to challenge the expert's testimony and ensures transparency in the proceedings. 6. Independent Examination: In some cases, the court may require the expert to undergo an independent examination to assess the reliability of their opinions. This can help ensure that the expert's testimony is credible and based on sound scientific principles. Overall, the requirements for admitting expert witness testimony in child sexual abuse cases are intended to ensure that the expert's opinions are reliable, relevant, and based on accepted scientific principles. These requirements help ensure that the court can make informed decisions based on the best available evidence in each case. Chapter 8 Child Exploitation TEACHING POINTS • Child exploitation is a severe form of violence against children. • The sexual abuse and exploitation of children rob the victims of their childhood, irrevocably interfering with their emotional and psychological development. • Ensuring that all children come of age without being disturbed by sexual trauma or exploitation is more than a criminal justice issue, it is a societal issue. • To address the threat to our nation’s children, the National Strategy focuses on the following types of child sexual exploitation: (1) child pornography, often called images of child sexual abuse; (2) online enticement of children for sexual purposes; (3) commercial sexual exploitation of children, and (4) child sex tourism. • Lack of scientific research, different social and legal perspectives both nationally and internationally, and ineffective efforts to combat this form of violence all contribute to misunderstandings about child exploitation. • The exploitation of children both by their families and strangers has existed since the beginning of time. • Child exploiters use the Internet to maintain their anonymity. The Internet also poses risks to children who use it. • Child sex tourism is the commercial sexual exploitation of children by men or women who travel from one place to another, usually from a richer country to a poorer, less- developed country, and engage in sexual acts with children. • The anonymity afforded by the Internet makes the offenders more difficult to locate, and makes them bolder in their actions. • Debt bondage is a form of enslavement in which a person must work as a means of replaying the advancement of funds for a loan or service such as transporting a person to a location for the purposes of employment. • Exploitation includes use of persons for prostitution and other forms of sexual activities, forced labor or ser-vices, slavery or practices similar to slavery, servitude, or the removal of organs. • Human smuggling is a contractual agreement in which one person (the smuggler) agrees to take, guide, or transport another person from one location to another. Smuggling usually involves consent of the parties. • Trafficking means the recruitment, transportation, transfer, harboring, or receipt of persons by means of a threat or use of force or other forms of coercion for the purpose of exploitation. Trafficking may occur within one country or across national borders. • Three forms of child labor that violate international social norms, laws, and treaties; all work done by children under the minimum legal age for that type of work; work that endangers the health, safety, and morals of a child; and the worst forms of child labor, defined as slavery, trafficking, bonded labor, forced recruitment into armed conflict, prostitution, pornography, or other illegal activities. • Child pornography is really a misnomer. • Materials depicting children engaging in explicit sexual activities fall within the definition of obscenity and therefore those who exploit children for this purpose may be prosecuted. • Under federal law, child pornography is defined as any visual depiction of any kind, including a drawing, cartoon, sculpture, painting, photograph, film, video, or other images, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct. • Other forms of extreme child exploitation are child prostitution, child sex tourism, begging, and trafficking. • A variety of factors contribute to child exploitation. Countries have different cultures and situations, some of which allow for children to be exploited. These factors include poverty, desire for a better life, ignorance, lack of schools, family violence, consumerism, and gender and ethnic discrimination. • The use of children as soldiers is a very special form of child exploitation that is not often linked directly to trafficking. • There are several common characteristics of children who have been trafficked. Each victim is manipulated through the act or threat of violence. Each victim is a displaced person in foreign circumstances that increases his or her dependence on the trafficker. • The Model State Anti-Trafficking Criminal Statute attempted to address a number of problems that faced states in their efforts to prosecute trafficking. TESTBANK FOR CHAPTER 8 Multiple Choice Questions 1. Which of the following is not a reason child exploiters use the internet as a tool for exploitation? a. It helps them maintain anonymity. b. They can find others who agree with their values and practices. c. They may trade or purchase pictures of their young victims. d. It is usually the most cost-effective route for exploitation. Answer: d 2. What differentiates Tier 2 Countries and Tier 2 Watch List Countries from one another? a. Tier 2 Watch List Countries have a more significant number of trafficking victims. b. Tier 2 Watch List Countries do not comply to minimum standards. c. Tier 2 Countries fully comply with the Trafficking Victims Protection Act of 2000. d. They are both committed to improve efforts against trafficking in the next year. Answer: a 3. Child exploitation includes: a. human smuggling. b. sex tourism. c. debt bondage. d. all of the above. Answer: d 4. Trafficking means: a. the transportation of persons against their will across international borders. b. recruitment, transportation, transfer, harbouring, or receipt of persons by means of a threat or other forms of coercion. c. the use and transport of persons or people for purposes of slavery, sexual slavery, or prostitution for means of financial gain. d. human smuggling. Answer: b 5. Victims of child pornography fall primarily into which age group? a. 7-11 years old. b. 1-3 years old. c. 12-17 years old. d. 4-6 years old. Answer: c 6. The majority of users in child sex tourism are: a. preferential sex tourists. b. racist sex tourists. c. situational exploiters. d. occasional exploiters. Answer: c 7. For a material to be considered as obscene, the U.S. Supreme Court requires that it meet the following criteria: a. The average person, applying contemporary community standards, must fine the work, taken as a whole, appeals to the prurient interest. b. The work depicts or describes, in a patently offensive way, sexual conduct. c. The work, taken as whole, lacks serious literary, artistic, political, or scientific valse. d. All of the above are required. Answer: d 8. Child pornography a. is really a misnomer. b. is protected by the U.S. Constitution. c. is the same as obscene material. d. is easily defined. Answer: a True-False Questions 1. The risk of internet child exploitation lies exclusively on the child exploiters themselves. Answer: False 2. The internet has given rise to an explosive growth in child pornography. Answer: True 3. The use of children soldiers is not considered as a form of child exploitation. Answer: False 4. Exploitation includes the use of persons for prostitution. Answer: True 5. Trafficking includes the recruitment, transportation, transfer, harboring, or receipt of persons by means of a threat or use of force or other forms of coercion. Answer: True 6. Requiring your child to beg is not a form of child exploitation. Answer: False 7. A few countries promote prostitution in general because it is an economic book to the country. Answer: True 8. Women are never involved as the procurers or arrangers in child sex tourism. Answer: False 9. The factors that contribute to child exploitation include lack of schools and family violence. Answer: True 10. Approximately 20 percent of all pornographic activity on the Internet may involve children. Answer: True Essay Questions 1. Give possible reasons why the United States does not discuss trafficking within its borders, but requires the annual Trafficking in Persons Report to Congress every year? Answer: There are several possible reasons why the United States might not discuss trafficking within its borders as openly as it does in its annual Trafficking in Persons Report to Congress: 1. Focus on International Issues: The Trafficking in Persons Report may prioritize international trafficking issues to demonstrate the U.S. government's commitment to combating human trafficking globally. 2. Legal and Political Sensitivities: Discussing trafficking within its borders could be politically sensitive, as it may highlight failures in domestic law enforcement, immigration policies, or social services. 3. National Image: There may be concerns about the impact on the country's image and reputation if domestic trafficking issues are widely publicized. 4. Resource Allocation: The government may prioritize allocating resources towards addressing international trafficking, which is often perceived as a more pressing issue due to its scale and impact on vulnerable populations. 5. Legal Framework: The U.S. may have robust legal frameworks and enforcement mechanisms in place to address domestic trafficking, leading to a perception that it is less of a concern compared to other countries. 6. Reporting Requirements: The annual Trafficking in Persons Report to Congress may be mandated by law or international agreements, requiring the U.S. government to focus on reporting international trafficking issues rather than domestic ones. Overall, the reasons are likely a combination of political, legal, and strategic factors that influence how the United States addresses and discusses trafficking within its borders. 2. Why is child pornography considered a misnomer? Answer: The term "child pornography" is considered a misnomer because it fails to accurately describe the nature of the crime. The term "pornography" typically implies consensual adult sexual activity captured or depicted for the purpose of arousal or entertainment. However, in the case of images or videos involving children, there is no consent, and the material is a form of child sexual abuse and exploitation. Therefore, using the term "child pornography" can minimize the seriousness of the crime and inaccurately suggest that it involves legal or legitimate adult pornography. To more accurately reflect the criminal nature of the material, many organizations and legal systems use terms like "child sexual abuse material" or "child exploitation material" instead of "child pornography." These terms highlight the abusive and exploitative nature of the content and emphasize that it involves the victimization of children. 3. What are the recent federal efforts to combat interstate sex trafficking of minors? Answer: Recent federal efforts to combat interstate sex trafficking of minors include: 1. Justice for Victims of Trafficking Act (JVTA): Enacted in 2015, JVTA enhanced law enforcement tools to target trafficking networks, increased victim services and protections, and strengthened penalties for offenders. 2. Stop, Observe, Ask, and Respond (SOAR) to Health and Wellness Act: Passed in 2019, this act aims to enhance training for health care providers to identify and respond to human trafficking victims, including minors. 3. Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA): Passed in 2018, FOSTA amended the Communications Decency Act to hold websites accountable for facilitating sex trafficking, including the trafficking of minors. 4. Child Protection Improvements Act: Passed in 2018, this act expands access to background checks for individuals working with children, including those in organizations that serve at-risk populations. 5. Strengthening the Child Welfare Response to Trafficking Act: Introduced in 2020, this bill aims to improve the child welfare system's response to trafficking by providing training, resources, and support for child welfare agencies. 6. Child Sex Trafficking Data and Response Act: Introduced in 2021, this bill seeks to improve data collection and analysis related to child sex trafficking to better inform prevention and intervention efforts. These efforts reflect a commitment to combatting the exploitation of minors and provide support for victims of trafficking. 4. What factors contribute to child exploitation? Answer: Child exploitation can result from a complex interplay of various factors, including: 1. Poverty and Economic Inequality: Children from impoverished backgrounds may be more vulnerable to exploitation due to limited access to education, employment opportunities, and basic needs. 2. Lack of Education: Limited access to education can make children more susceptible to exploitation, as they may lack the knowledge and skills to protect themselves or seek help. 3. Family Dysfunction: Children from dysfunctional families, including those experiencing neglect, abuse, or substance misuse, may be at higher risk of exploitation. 4. Trauma and Abuse: Children who have experienced trauma or abuse may be more vulnerable to exploitation, as perpetrators may exploit their vulnerabilities and manipulate them. 5. Social Norms and Practices: Cultural norms and practices that condone or tolerate child labor, early marriage, or exploitation can contribute to the prevalence of child exploitation. 6. Lack of Legal Protection: Weak or inadequate legal frameworks and enforcement mechanisms can create an environment where exploitation thrives, as perpetrators may not face consequences for their actions. 7. Demand for Cheap Labor or Commercial Sex: The demand for cheap labor or commercial sex acts involving children drives the exploitation of vulnerable children by traffickers and exploiters. 8. Technology and Online Platforms: The rise of technology and online platforms has facilitated the exploitation of children through the production and distribution of child sexual abuse material (CSAM) and online grooming. Addressing child exploitation requires a multifaceted approach that addresses these underlying factors, including strengthening child protection systems, promoting education and economic opportunities, and raising awareness about the rights of children. Chapter 9 Intimate Partner Abuse and Relationship Violence TEACHING POINTS • Intimate partner violence (IPV) is violence committed by a spouse, ex-spouse, or current or former boy-Intimate partner violence—also called friend or girlfriend. • Questions always arise in the beginning of any discussion of partner and relationship abuse as to why the abused person stays in the relationship. • It can occur to both men and women, but the literature indicates that women among heterosexual or same-sex couples are much more likely than men to suffer physical, and probably psychological, injuries from IPV. • Both modern and ancient history is replete with a generalized domination of women by men. • Women are the victims in nearly three out of four victims of the murders attributable to intimate partners. • The impact of repetitive violence on an individual’s health often brings domestic violence into the medical setting. • Family violence is a major health concern in the medical profession, with approximately 10 to 40 percent of female patients disclosing abuse by their partners to their physicians when screened in a primary care setting. • There is no clear definition of intimate partner abuse. • Violence against women has long-term health effects. • Approximately one-third (31 percent) of all women have been kicked, hit, or punched, choked, or otherwise physically assaulted by a spouse or partner in their lifetime. • Family is a group of persons who cohabit. Marriage is not a requirement. Within this living arrangement, forces converge to cause stress. Stress does not cause violence; instead, it is one of the many responses available to persons who suffer from stress. • Power is the ability to impose one’s will on another and make life decisions. Partners who share power or are equals in the decision-making process have the lowest level of both conflict and violence. • Battered partners report a feeling of powerlessness as a result of the partner abuse they have suffered. • Marital dependency is a multifaceted concept that involves economic, emotional, and societal forces that result in a woman being dependent on her spouse for support. • Studies have attempted to determine whether alcohol causes partner abuse. At this stage, there is no definitive answer, but a link does seem to exist between alcohol and partner abuse. • Pregnancy and spousal abuse is a controversial subject, and studies indicate that a relationship exists between the two. • In partner abuse, many times the abuser will use violence as a means of gaining a power advantage over the abused partner. • Dependency is associated with economics. The abuser may cut off the partner’s financial support system. He or she may not have the financial ability to leave the relationship. • Determining who has suffered what type of abuse is more of an art than a science. Two major types or techniques are relied on in assessing partner abuse: self-reporting and interviews. • Physical aggression may take the form of minor acts that escalate over time. It may begin with an arm being grabbed, a dish thrown, or a slap to the arm or face. • Physical violence is often accompanied by sexual abuse. Sex on demand or after physical assaults is very common. • Emotional abuse includes many different acts that all contribute to a feeling of helplessness and inability. • Emotional abuse may take the form of humiliation. • Using fear, guilt, and isolation, the abuser will promote a feeling of helplessness within the spouse that further ties the victim to the abuser. She believes that there is no way to break the cycle and feels trapped. • Most states and the District of Columbia allowed use of expert testimony on the subject of battered woman syndrome. • Gay couples can face the same kind of violence that sometimes occurs in heterosexual relationships. TESTBANK FOR CHAPTER 9 Multiple Choice Questions 1. The Cycle Theory of Violence a. is the same as the Cycle of Violence Theory b. attempts to examine the dynamics of spousal abuse c. has not been accepted by the legal system. d. both b and c. Answer: c 2. Walker established the following responses for women suffering from the Battered Women syndrome a. self-destructive learned helplessness deficits, self defense mechanisms including heightened awareness and traumatic effects of victimization by the abuser. b. self defense mechanisms including learned helplessness, heightened awareness and coping skills. c. self-destructive coping responses to violence, coping skills, and learned helplessness. d. self-destructive coping responses to violence, learned helplessness deficits and traumatic effects of victimization induced by violence. Answer: d 3. The Stockholm Syndrome occurs when persons who are held as hostages, captives or prisoners of war a. develop learned helplessness. b. learn to hate their captors. c. begin to identify with the captors. d. develop Post Traumatic Stress Disorder. Answer: c 4. Dutton’s theory of traumatic bonding a. holds the more the abuser beats the victim, the more she bonds with him. b. discussed bondage and partner abuse and holds that abused victims who are subjected to bondage as part of the abuse stay in those relationships longer than victims who are not subjected to that form of abuse. c. is another name for the Cycle of Violence Theory. d. holds that the victim becomes susceptible to her abuser’s loving contrite pressure to return and as her fear lessens and the needs provided by her abuser increase, she may decide to return. Answer: d 5. Which of the following theories attempts to explain the relationship between alcohol and partner abuse? a. the social stress and alcohol deviance theory b. the social disinhibition theory c. the social learning and deviance disavowal theory d. the social integrated alcohol deviance theory. Answer: c 6. Straus and Gelles set forth the following factors as have more impact on the degree of risk a women faces in a cohabitating relationship: a. isolation, investment in the relationship, and use of alcohol b. autonomy and control, isolation and investment in the relationship. c. autonomy, use of alcohol, and stress. d. isolation, stress and use of alcohol. Answer: b 7. What are the major types or techniques that are relied upon in assessing spousal abuse? a. self-reporting and law enforcement records. b. law enforcement records and interviews. c. self-reporting and court records. d. interviews and self-reporting. Answer: d 8. Many victims of spousal abuse by police officers do not call their law enforcement agency because a. they fear their case will be handled by officers who know the abuser. b. they are concerned for their safety. c. they are concerned that the officers will side with their colleague and fail to properly investigate the crime. d. both a and c. Answer: d 9. The Rule of Thumb as it applies to spousal abuse: a. was a Supreme-Court supported spousal abuse program. b. is now considered to be an urban legend by most scholars and professionals. c. allowed for the abuse of a wife without danger of prosecution. d. was common practice in early England. Answer: b 10. Which of the following acts is not classified as partner abuse, if they cause harm? a. Unintentional acts. b. Sexual acts. c. Physical acts. d. Emotional acts. Answer: a 11. Outing a. is a form of dating in the gay community. b. is the disclosure of the victim’s sexual preference. c. is not a threat used in gay or lesbian abuse.. d. is a form of dating in the heterosexual community Answer: b 12. A non-traditional family is a. a man and women who live together without benefit of a marriage license. b. a family that rejects the traditional concepts of raising children. c. when gays or lesbians live together as a family. d. when gay or lesbians get married. Answer: c 13. Homosexuality is a. a male homosexual. b. a socially integrated group oriented toward and concerned with the welfare of homosexuals. c. a female homosexual. d. the manifestation of sexual desire toward a member of one’s own sex. Answer: d 14. A gay is a. a male homosexual. b. a socially integrated group oriented toward and concerned with the welfare of homosexuals. c. the manifestation of sexual desire toward a member of one’s own sex. d. both a and b. Answer: d 15. A lesbian is a. a male homosexual. b. a socially integrated group oriented toward and concerned with the welfare of homosexuals. c. a female homosexual. d. the manifestation of sexual desire toward a member of one’s own sex. Answer: c True-False Questions 1. Spousal abuse does not include individuals who are separated and living apart from their former spouses. Answer: False 2. The Battered Women Syndrome is a pattern of physical symptoms that develop after somebody has lived in a battering relationship. Answer: False [Note: It is a pattern of psychological symptoms.] 3. A family is two or more persons who cohabitate and who are married. Answer: False [Note: Marriage is not a requirement.] 4. Self-defense is the right of a person to use reasonable force to defend himself or herself from emotional abuse. Answer: False [Note: It is from physical violence.] 5. Marital dependency includes economic, emotional, and societal forces. Answer: True 6. Alcohol is not a contributing factor to partner abuse. Answer: True [Note: A link does seem to exist, but alcohol by itself cannot be defined as the cause of partner abuse.] Essay Questions 1. Compare and contrast the various theories of spousal abuse. Answer: 1. Social Learning Theory: People learn violent behaviors through observation and reinforcement. 2. Resource Theory: Abuse can occur when one partner feels a lack of resources or perceives a threat to their resources. 3. Feminist Theory: Spousal abuse is rooted in gender-based power imbalances and patriarchy. 4. Psychological Theories: Individual characteristics and psychological factors contribute to abusive behavior. 5. Cyclical Theory: Abuse tends to follow a cyclical pattern of calm, tension building, and explosive violence. 6. Social Exchange Theory: Abusers weigh the benefits of the relationship against the costs of abuse. 7. Ecological Systems Theory: Spousal abuse is influenced by factors at multiple levels, including individual, relationship, community, and societal factors. 8. Trauma Theory: Past trauma, such as childhood abuse, can contribute to abusive behavior. 2. List the characteristics of a spousal abuser. Answer: The characteristics of a spousal abuser can vary, but some common traits include: 1. Controlling Behavior: The abuser may try to control every aspect of the victim's life, including who they see, what they do, and how they think. 2. Jealousy: The abuser may be overly jealous or possessive, often accusing the victim of being unfaithful without reason. 3. Isolation: Abusers may isolate their victims from friends, family, and other sources of support to maintain control over them. 4. Blaming: Abusers often shift the blame for their behavior onto the victim, making them feel responsible for the abuse. 5. Manipulation: Abusers may use manipulation tactics, such as guilt-tripping or gaslighting, to control the victim and distort their perception of reality. 6. Quick Temper: Abusers may have a short fuse and react aggressively to minor issues or perceived slights. 7. History of Violence: Many abusers have a history of violent behavior, either in past relationships or in other areas of their life. 8. Lack of Empathy: Abusers often lack empathy for their victims and may not recognize or care about the harm they are causing. 9. Drug or Alcohol Abuse: Substance abuse can exacerbate abusive behavior, although it is not a direct cause. 10. Low Self-Esteem: Despite outward displays of control, abusers may have deep-seated insecurities and low self-esteem. It's important to note that not all abusers will exhibit all of these characteristics, and individuals who exhibit these traits are not necessarily abusers. If you or someone you know is experiencing abuse, it's important to seek help from a professional or a domestic violence hotline. 3. Describe the various types of physical abuse inflicted on spouses. Answer: Physical abuse inflicted on spouses can take many forms, including but not limited to: 1. Hitting or Punching: This involves striking the spouse with hands or fists, causing physical injury. 2. Kicking or Biting: Similar to hitting, this involves using physical force to harm the spouse, often leading to bruises, cuts, or other injuries. 3. Slapping or Shoving: This involves using open hands or pushing the spouse forcefully, causing physical harm or injury. 4. Hair Pulling: This involves grabbing the spouse's hair and pulling it, which can be painful and cause injury. 5. Choking or Strangulation: This involves restricting the spouse's airflow, which can be life-threatening and is a serious form of physical abuse. 6. Throwing Objects: This involves throwing objects at the spouse, which can cause physical harm and injury. 7. Using Weapons: This involves using weapons such as knives, guns, or other objects to threaten or harm the spouse physically. 8. Forced Confinement: This involves restricting the spouse's movements or confining them to a specific area against their will, which can be a form of physical abuse. It's important to note that physical abuse can have serious physical and psychological effects on the victim and is a criminal offense in many jurisdictions. If you or someone you know is experiencing physical abuse, it's important to seek help from a trusted individual, a domestic violence hotline, or local law enforcement. 4. Describe the various types of sexual abuse inflicted on spouses. Answer: Sexual abuse inflicted on spouses can take various forms, including: 1. Rape: Forcing a spouse to engage in sexual intercourse against their will, including through physical force, threats, or coercion. 2. Unwanted Sexual Touching: Touching a spouse's body in a sexual manner without their consent, including groping or fondling. 3. Sexual Coercion: Pressuring or manipulating a spouse into engaging in sexual acts against their will, such as through threats or emotional manipulation. 4. Sexual Humiliation: Using sexual acts or language to degrade, demean, or humiliate a spouse. 5. Forced Sexual Acts: Forcing a spouse to engage in sexual acts that they are not comfortable with or that go against their values or beliefs. 6. Sexual Exploitation: Using a spouse for sexual purposes without their consent, such as in pornography or prostitution. 7. Withholding Sex: Using sex as a weapon or a means of control by withholding it from a spouse as punishment or to manipulate them. Sexual abuse can have serious physical and psychological effects on the victim and is a violation of their rights and autonomy. If you or someone you know is experiencing sexual abuse, it's important to seek help from a trusted individual, a sexual assault hotline, or local law enforcement. 5. Describe the various types of emotional abuse inflicted on spouses. Answer: Emotional abuse inflicted on spouses can take various forms, including: 1. Verbal Abuse: Using words to demean, belittle, or humiliate a spouse, including name-calling, insults, and yelling. 2. Gaslighting: Manipulating a spouse into doubting their own thoughts, feelings, and perceptions, often by denying their experiences or making them feel crazy or irrational. 3. Isolation: Restricting a spouse's contact with friends, family, or other support systems, in order to control them and make them more dependent on the abuser. 4. Blaming and Shaming: Holding a spouse responsible for the abuser's actions or feelings, and using guilt or shame to manipulate and control them. 5. Threats and Intimidation: Using threats of violence, harm, or other forms of intimidation to control a spouse's behavior. 6. Manipulation: Using deception, manipulation, or deceit to control or influence a spouse's thoughts, feelings, or actions. 7. Control: Exerting excessive control over a spouse's life, including their finances, daily activities, and interactions with others. 8. Withholding Affection: Withholding love, affection, or emotional support as a form of punishment or manipulation. Emotional abuse can have serious long-term effects on a person's mental health and well-being. It is important for victims of emotional abuse to seek support from a therapist, counselor, or support group to address the effects of the abuse and to learn healthy coping mechanisms. 6. Should a law enforcement officer suffer more severe consequences if he or she commits spousal abuse than the average citizen? Answer: Yes, a law enforcement officer should face more severe consequences if he or she commits spousal abuse than the average citizen. This is because law enforcement officers are entrusted with upholding the law and protecting the community, and committing spousal abuse violates that trust and authority. Additionally, law enforcement officers are trained in conflict resolution and are expected to adhere to higher standards of conduct. When an officer engages in spousal abuse, it not only harms the victim but also undermines public trust in the police force. Therefore, holding law enforcement officers accountable with more severe consequences can help deter such behavior and maintain public confidence in the justice system. 7. Should a spouse be able to kill his or her abuser while the abuser is asleep? Answer: No, a spouse should not be able to kill their abuser while the abuser is asleep. While domestic abuse is a serious issue that requires intervention and support for the victim, resorting to violence, including homicide, is not a justifiable or legal solution. There are legal and ethical avenues available for victims of abuse to seek help, such as reporting the abuse to law enforcement, seeking a protection order, or accessing support services. Killing an abuser, even while they are asleep, would likely result in serious legal consequences for the perpetrator. It is important for victims of abuse to seek help and support from trusted individuals and organizations rather than resorting to violence. 8. Should gay and lesbian couples be allowed to marry? Will that diminish the incidents of family violence within this community? Answer: Yes, gay and lesbian couples should be allowed to marry. Marriage equality is a fundamental human right, and denying same-sex couples the right to marry is a form of discrimination. Allowing gay and lesbian couples to marry provides them with legal recognition and protection for their relationship, including rights related to inheritance, healthcare, and parenting. As for whether marriage equality would diminish the incidents of family violence within the LGBTQ+ community, it's important to note that domestic violence can occur in any type of relationship, regardless of sexual orientation. Factors such as individual behavior, societal attitudes, and access to support services play a significant role in the prevalence of family violence. Legalizing same-sex marriage can potentially have a positive impact on reducing family violence within the LGBTQ+ community by promoting societal acceptance and support for these relationships. Marriage can provide a sense of stability and commitment, which may contribute to healthier relationships. Additionally, legal recognition of same-sex relationships can lead to increased access to support services for victims of domestic violence within the LGBTQ+ community. However, it's crucial to address family violence comprehensively through education, awareness, support services, and legal protections, regardless of marital status or sexual orientation. 9. Compare and contrast the forms of family violence inflicted upon gay and lesbian couples with that inflicted upon heterosexual couples. In what ways is there a difference? Answer: Family violence, including intimate partner violence (IPV), can occur in any type of relationship, regardless of sexual orientation. However, there are some differences in the forms of violence and the dynamics of abuse experienced by gay and lesbian couples compared to heterosexual couples. 1. Forms of Violence: • Physical Violence: This can occur in both gay and lesbian relationships and heterosexual relationships. However, research suggests that physical violence may be less prevalent in same-sex relationships compared to heterosexual relationships. • Emotional and Psychological Abuse: This form of abuse is common in all types of relationships but may manifest differently. For example, in same-sex relationships, threats of "outing" (disclosing one's sexual orientation without consent) or using derogatory terms related to sexual orientation may be forms of emotional abuse. • Sexual Violence: This can occur in both types of relationships, but the dynamics may differ. In same-sex relationships, sexual violence may involve using sexuality or sexual orientation to manipulate or control the partner. • Financial Abuse: This can occur in all types of relationships but may be more prevalent in same-sex relationships if one partner controls access to financial resources as a way to exert power and control. 2. Barriers to Seeking Help: • Stigma and Discrimination: LGBTQ+ individuals may face additional barriers to seeking help due to fear of discrimination or lack of understanding from service providers. • Lack of Legal Protections: In some places, same-sex couples may have limited legal protections, making it harder to leave abusive relationships or seek legal recourse. 3. Support Services: • Specialized Services: Some LGBTQ+ organizations offer specialized support services for survivors of IPV in same-sex relationships, recognizing the unique challenges they may face. • Cultural Competency: Service providers may need specific training to understand the dynamics of abuse in same-sex relationships and provide appropriate support. 4. Reporting and Documentation: • Underreporting: Due to fear of discrimination or lack of understanding, IPV in same-sex relationships may be underreported, making it challenging to gather data and provide adequate support. While there are differences in the forms and dynamics of family violence experienced by gay and lesbian couples compared to heterosexual couples, it's important to recognize that all forms of family violence are harmful and unacceptable. Support services and interventions should be inclusive and sensitive to the needs of all survivors, regardless of sexual orientation. 10. Should lesbian victims be allowed access to a battered women’s shelter? Why or Why not? Answer: Yes, lesbian victims should be allowed access to battered women's shelters. Battered women's shelters are designed to provide safety and support to all individuals who have experienced intimate partner violence (IPV), regardless of their sexual orientation. Denying access based on sexual orientation would be discriminatory and could further isolate and endanger victims. Lesbian victims of IPV may face unique challenges, such as fear of being outed or experiencing discrimination within traditional shelters. Providing access to shelters that are inclusive and affirming of LGBTQ+ individuals can help ensure that all victims receive the support and resources they need to heal and rebuild their lives. It is essential for shelters to have policies and practices in place to address the specific needs of lesbian victims, including training staff on LGBTQ+ issues, providing culturally competent care, and ensuring confidentiality and safety. By offering inclusive services, shelters can better support all survivors of IPV, regardless of sexual orientation. 11. Discuss the various intervention strategies one might use when dealing with gay or lesbian abuse. Answer: When dealing with abuse in gay or lesbian relationships, it's crucial to use intervention strategies that are sensitive to the unique challenges faced by LGBTQ+ individuals. Some intervention strategies include: 1. Culturally Competent Services: Provide services that are inclusive and understanding of LGBTQ+ identities and experiences. This includes training staff on LGBTQ+ issues and ensuring that services are welcoming and affirming. 2. Safety Planning: Help the victim develop a safety plan that considers their specific situation and needs, including identifying safe places to go and strategies for staying safe. 3. Legal Assistance: Provide information and support regarding legal options, including obtaining protective orders and navigating the legal system. 4. Counseling and Support Groups: Offer individual or group counseling that is LGBTQ+-affirming and addresses the unique challenges faced by LGBTQ+ survivors of abuse. 5. Housing Assistance: Assist the victim in finding safe and affirming housing options, including shelters that welcome LGBTQ+ individuals. 6. Medical and Mental Health Services: Provide access to medical and mental health services that are LGBTQ+-friendly and knowledgeable about the effects of abuse on LGBTQ+ individuals. 7. Community Resources: Connect the victim with LGBTQ+ community resources and organizations that can provide additional support and assistance. 8. Education and Awareness: Raise awareness about LGBTQ+ domestic violence within the community and provide education about healthy relationships and consent. 9. Support for Perpetrators: Offer support and intervention programs for perpetrators of abuse to help them address their behavior and prevent further harm. It's important to approach interventions with cultural humility and respect for the survivor's autonomy and choices. Every individual's situation is unique, and interventions should be tailored to meet their specific needs and circumstances. 12. Define lesbian battering. Answer: Lesbian battering refers to the pattern of physical, sexual, psychological, or emotional abuse perpetrated by one female intimate partner against another within a lesbian relationship. It involves the use of power and control to assert dominance over the victim, and can manifest in various forms, including but not limited to physical violence, sexual coercion, emotional manipulation, and financial control. Lesbian battering is a form of intimate partner violence (IPV) that occurs in same-sex relationships and can have serious physical, emotional, and psychological effects on the survivor. Test Bank for Family Violence: Legal, Medical, and Social Perspectives Harvey Wallace, Cliff Roberson 9780205959877
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