Sex Offenses

Child sexual assault, long considered to be one of the most horrific of sexual offenses, presents many difficult issues to courts and legislatures. One controversial issue is the BALANCING of the defendant's right to confront an accuser versus the need to protect child witnesses from undue trauma in facing their abusers. The Supreme Court has considered this issue in several cases. In Coy v. Iowa, 487 U.S. 1012, 108 S. Ct. 2798, 101 L. Ed. 2d 857 (1988), the Court held that it is a violation of the right of confrontation to allow a child victim to testify in court separated from the defendant by a screen. But in Maryland v. Craig, 497 U.S. 836, 110 S. Ct. 3157, 111 L. Ed. 2d 666 (1990), the Court upheld the use of a one-way closed-circuit television to receive the out-of-court testimony of a child witness. In Craig the Court held that the defendant does not have an absolute right to confront his accuser face-to-face, especially where it is necessary to protect a child victim from trauma.

In 1990, in response to the alarming increase in reported CHILD ABUSE cases, Congress enacted the Victims of Child Abuse Act, 42 U.S.C.A. §§ 13001 et. seq. It requires professionals who work with children to report all suspected cases of child abuse. It also amended the United States Criminal Code to ensure that the rights of children are protected in court proceedings. As a result, the JUSTICE DEPARTMENT created model rules to guide law enforcement officers, investigators, prosecutors, and any person officially involved in a child abuse case, in the "proper and appropriate treatment of child victims and witnesses." For example, a child witness does not have to be physically present in an open court. He or she may present testimony via closed-circuit television or videotaped deposition.

Every state, and the District of Columbia, Puerto Rico, and the Virgin Islands have mandatory reporting statutes that require certain individuals who work with children to report suspected cases of child abuse or neglect. The general definition of child abuse is any non-accidental injury or pattern of injuries, including sexual molestation, to a child under the age of 18. The individuals who must report these cases include doctors, teachers, social workers, CHILD CARE providers, and psychologists. In some states priests, ministers, coroners, and attorneys are included. Individuals who report suspected abuse or neglect, even if their suspicions turn out to be false, are protected by IMMUNITY against legal action as long as they acted in GOOD FAITH. Reporters may also ask to be kept anonymous when making such allegations.