2.
Definition of sexual abuse
Behavioural Indicators
Effect of child sexual abuse
How to assess the child
Role of Psychiatrist
ACT
OUTLINE
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3.
Child sexual abuse is form child abuse in which an adult
or older adolescent uses a child for sexual Stimulation.
Forms of child sexual abuse includes Engaging in
sexual activities with child( whether by asking or
pressuring, or by other means), indecent
exposure(genitals), use to produce child Pornography.
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Definition
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i) Abrupt changes in behaviour such as self harm, talks of
suicide or attempt to suicide, poor impulse control etc.
ii) Reluctance to go home.
iii) Sexualised behaviour or acting out sexually.
iv) Low self-esteem.
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Behavioural Indicators:
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v) Wearing many layers of clothing regardless of the
weather.
vi) Recurrent nightmares or disturbed sleep patterns
and fear of the dark.
vii) Regression to more infantile behaviour like bed-
wetting, thumb-sucking or excessive crying.
viii) Poor peer relationships.
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Short term effects :
i) Feeling of powerlessness
ii) Anger
iii) Anxiety
iv) Fear
v) Phobias
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Effects of child sexual
abuse
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vi) Nightmares
vii) Difficulty concentrating
viii) Flashbacks of the events
ix) Fear of confronting the offender
x) Loss of self esteem and confidence
xi) Feelings of guilt
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Long term Effect :
i) PTSD and anxiety
ii) Depression and thoughts of suicide
iii) Sexual anxiety and disorders, including having too
many or unsafe sexual partners
iv) Difficulty setting safe limits with others (e.g., saying
no to people) and relationship problems
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v) Poor body image and low self-esteem
vi) Unhealthy behaviours, such as alcohol, drugs,
self-harm, or eating problems. These behaviours are
often used to try to hide painful emotions related to
the abuse
vii) Issues in maintaining relationships
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1.Establish a trusting relationship with child
2. Explain the purpose of interview
3. Allow for free flow of talk without too many
intensive questions.
4.Don’t control the child’s conversation – follow the
child’s lead
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How to assess the Child
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5.Children often lack the vocabulary to discuss sexual
acts, be aware of the child’s sensitivities and difficulties
before talking about sexual issues with him or her.
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How to respond if the child discloses abuse ?
i) Rapport Building,.
ii) working on the feelings of the child.
iii) Psychological Education on safe and unsafe touches,
feelings, thoughts and behaviour,
safer coping techniques.
iv) Helping the child to understand the abuse was not their
fault. 12
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v) Helping the child to develop of or regain their self-
confidence.
vi) Provide sex education.
vii) Encourage appropriate social behaviour.
viii) Help the child to identify people who can form a
supportive social environment around
him or her. 13
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i) To understand the child's physical and emotional state.
ii) To resolve trauma and foster healing and growth.
iii) To hear the child's version of the circumstances
leading to the concern.
iv) To respond appropriately to the child when in crisis.
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Role of Psychiatrist
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v) To provide counselling, support, and group-based
programs to children referred to them.
vi) To improve and enhance the child’s overall personal
and social development, and
his/her health and wellbeing.
vii) To facilitate the reintegration of the child into his/her
family/ community.
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Counselling for families :
To cope with the abuse of their own child may be the
most difficult challenge of a parents life. If the parent(s)
can get counselling for themselves through this difficult
period, it will also help the child with his/her counselling.
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17.
WHY???
Before This Act, child sexual abuse was prosecuted
under :
IPC 375- RAPE
IPC 354- outraging the modesty of a women.
IPC 377- unnatural sexual offence
IPC 511-Attempt
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ACT
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LOOPHOLES :
IPC 375 - Doesn’t proctet Male victims or sexual
acts other than peno-vaginal intercourse.
IPC 354 - Lacks statutary of MODESTY, week
penoulty, not protect modesty of child.
IPC 377- Not designed to criminalize sexual abuse of
children
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19.
Ministry of Women and Child Development on ‘Child
Abuse’ in 2007 had revealed that 53.22% of children
are sexualy abused.
The increasing incidence of sexual offences had to
be addressed through a separate legislation, as the
Indian Penal Code, did not specifically provide for
sexual offences against children, particularly boys.
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2011 - Protection of children against sexual offences
bill passed.
May 22 ,2012 –ACT
The POCSO Act was enacted on 14 November 2012.
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21.
A) Child friendly processes : medical examination,
recording the statement of the child by the Police and
Magistrate, as well as during the examination of the
child in court.
B) Emergency medical care : within 24 hours
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Objectives
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C) Care and Protection: To make arrangements to
give the child such care and protection
D)Punishment : Punishment for offenders who
commit sexual offences against children.
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CHAPTER I
PRELIMINARY CLAUSES
Definitions :
• child means any person below the age of eighteen
years
CHAPTER II
SEXUAL OFFENCES AGAINST CHILDREN
A)PENETRATIVE SEXUAL ASSAULT AND PUNISHMENT
He penetrates his penis, to any extent, into the vagina, mouth, urethra or anus
of a child or makes the child to do so with him or any other person.
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Chapters
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B)AGGRAVATED PENETRATIVE SEXUAL ASSAULT AND
PUNISHMENT
Aggravating factors are the status of the offender ( police officer,
member of the armed forces or security forces, public servant,
management or staff of any custodial institution for children,
management or staff of a hospital, management or staff of an
educational/religious institution, relative of the child through blood,
adoption, marriage, guardianship
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C) SEXUAL ASSAULT AND PUNISHMENT
Touching the vagina, penis, anus or breast of the child
or making the child touch one or more of these parts of
the accused or that of another adult or child, and Doing
so with a sexual intent.
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D)AGGRAVATED SEXUAL ASSAULT AND
PUNISHMENT
status of the offender, status of the victim, the impact
on the victim, the nature of the assault
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E)SEXUAL HARASSMENT AND PUNISHMENT
i) Utters any word or makes any sound, or makes any gesture
or exhibits any object or part of body with the intention that
such word or sound shall be heard, or such gesture or object
or part of body shall be seen by the child; or
(ii) Makes a child exhibit his body or any part of his body so
as it is seen by such person or any other person; or
(iii) Shows any object to a child in any form or media for
pornographic purposes;
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28.
CHAPTER III
USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT
Whoever, uses a child in any form of media (including programme or advertisement
telecast by television channels or internet or any other electronic form or printed form,
whether or not such programme or advertisement is intended for personal use or for
distribution), for the purposes of sexual gratification.
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CHAPTER IV
ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
First-Instigates any person to do that offence; or
Secondly.- Engages with one or more other person or persons in any
conspiracy for the doing of that offence, if an act or illegal omission
takes place in pursuance of that conspiracy, and in order to the doing of
that offence; or
Thirdly.-Intentionally aids, by any act or illegal omission, the doing of
that 29
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30.
CHAPTER V
PROCEDURE FOR REPORTING OF CASES
a) The Special Juvenile Police Unit or
(b) The local police.
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31.
Mandatory Reporting:
When a doctor has reason to suspect that a child has been or
is being sexually abused, he/she is required to report this to the
appropriate authorities (i.e. the police or the relevant person
within his/her organization who will then have to report it to the
police). Failure to do this would result in imprisonment of up to
six months, with or without fine.
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32.
CHAPTER VI
PROCEDURES FOR RECORDING STATEMENT OF
THE CHILD
Recorded at the residence of the child or at a
place where he usually resides or at the place of his choice
and as far as practicable by a woman police officer not
below the rank of sub-inspector.
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CHAPTER VII
SPECIAL COURTS
For the purposes of providing a speedy trial, the State Government
shall in consultation with the Chief Justice of the High Court, by
notification in the Official Gazette, designate for each district, a Court
of Session to be a Special Court to try the offences under the Act
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34.
CHAPTER VII
• PROCEDURE AND POWERS OF SPECIAL COURTS AND
RECORDING EVIDENCE
A Special Court may take cognizance of any offence, without the
accused being committed to it for trial, upon receiving a
complaint of facts which constitute such offence, or
upon a police report of such facts. 34
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35.
Assistance of an interpreter or expert While
Recording evidence of child.
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36.
• CHAPTER IX
• MISCELLANEOUS
• Guidelines for child to take assistance of Expert
Right of child to take assistance of legal practitioner
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37.
OFFENCE MINIMUM MAXIMUM FINE
1) Penetrative
Sexual
Assault
7 years Life
Imprisonment
yes
2)Aggravated
Penetrative
Sexual Assault
10 years
(Rigorous
Imprisonment)
Life
Imprisonment
yes
3)Sexual Assault 3 years 5 years Yes
4)Aggravated
Sexual Assault
5 years 7years yes
5)Sexual
Harassment
3 years yes 37
List of offences and
Punishments
38.
OFFENCE MINIMUM MAXIMUM FINE
6)Use of child for
pornographic
purposes
5 years yes
a) Penetrative
Sexual assault
10 years 7 years to
Life
Imprisonment
yes
b)Aggravated
penetrative
sexual
Life
Imprisonment
(Rigorous)
yes
c)Sexual assault 6 years 8 years yes
d)Aggravated
Sexual Assault
8 year 10 years
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39.
1.Consent : If child refuses to undergo medical
examination, Act remain silent and does not give clear
direction.
2.Child marriage: even child marriage prohibited under
secular law ,it enjoys sanction under this act thus
complicating the matter.
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Drawbacks
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3.Reporting : Provision madatory reporting ,failure
which fine and imprisonment, under report parent
/physician who fears legal hassel.
4.Crimilization of trauma and sepration of to hospital /
shelter home leads social difficulties.
5. Problems in implementation of act without training
of Police, health care professionals.
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41.
THE CRIMINAL LAW (AMENDMENT) ACT-2013:
NEW SECTIONS INSERTED IN “POCSO” ACT 2012
Section 42: Act punishable under 166A, 354,354A,354B,354
C,354 D, 376,376 A,376 B,376 C,376 D,376 E ,509 of IPC
liable to punishment under this act or under IPC which is in
greater degree of punishment
Section 42 A :The provisions of this Act shall be have
overriding effects on the provisions of any other such law 41
Amendments
42.
1.wcd.nic.in/pocso act2012
2. Model Guidelines under Section 39 of
The Protection of Children from Sexual Offences
Act, 2012.
3. Frequently Asked Questions on the Protection of
Children from Sexual Offences Act, 2012.
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References
