Definition of Child Abuse
Federal law requires that each state adopt the definition of child abuse under the Child Abuse Prevention and Treatment Act. This law creates four separate categories of child abuse: physical abuse, emotional abuse, sexual abuse and child neglect. Physical and sexual abuse are the areas of abuse commonly considered when one thinks of child abuse, but as any skilled child abuse attorney knows, the law expands the definition to include other mistreatment of children.
Emotional abuse accounts for a small percentage of cases, but encompasses a wide range of behavior: under child abuse laws, withholding support and affection is enough to be considered emotional abuse. Child neglect is defined as failure to meet the child’s basic needs; this failure must be so ongoing as to be considered chronic. Only a child abuse lawyer with experience in the field may be able to defend against serious, yet often difficult to prove charges.
In California, persons may also be prosecuted under Penal Code 273(a), the child endangerment statute. This further expands child abuse laws by making it a criminal act to place a child in a dangerous situation or allow a child to be endangered without taking action to protect that child. Since prosecutors may charge a person with child endangerment even if the child is not injured as a result of that endangerment, a child abuse attorney is necessary if a person suspects that he or she might face these charges. Only a child abuse lawyer has the experience and legal knowledge necessary to defend against child endangerment charges.
Reporting Child Abuse
It is not only those who are accused of child abuse who need to know about child abuse laws.Persons engaged in certain positions who deal with children must report to the authorities when they suspect child abuse, and any person who deals with children as part of their job should consult a child abuse attorney to know under what circumstances he or she is required to report suspected abuse.
Some of the most common professions that must report child abuse include teachers and other school administrators, medical professionals and social workers. A majority of child abuse cases are prosecuted because of people in these positions report the crimes. Knowing whether or not you are required to report child abuse is important, since failure to report child abuse can lead to both civil and criminal penalties. If you think you may have to report child abuse, the guidance of achild abuse lawyer is often helpful to navigate such a serious situation.
Child Molestation
If child abuse is one of the most daunting crimes a defendant may face, child molestation is even more so, and also requires the help of an experienced child molestation attorney. The same mandatory reporting requirements apply for molestation as well as more general child abuse, and the punishment for those convicted of child molestation are severe. A guilty finding for one convicted of three or more separate instances of touching a child under fourteen in a lewd or lascivious manner requires a sentence of three to eight years in prison. California law defines lewd or lascivious touching as that meant to arouse, appeal or gratify the sexual desires of one or either party.
Prosecutors have an easier time proving child molestation charges thanks to the broad admissibility of evidence. Prior accusations of child molestation or domestic violence, even those not resulting in a conviction, may be brought up in court, whereas similar evidence of prior bad acts is excluded for other crimes. A person charged with child molestation therefore requires the experience that only a child molestation attorney may provide to disprove the charges and secure favorable treatment for anyone accused of such a crime.
