Child Victims

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What is Child Sexual Abuse?

For the purpose of this section, the term “child sexual abuse” will refer to all sex crimes perpetrated against children including but not limited to sexual intercourse, sexual intrusion and sexual contact. “Child” means any person under 18 years of age not otherwise emancipated by law (WVC §61-8D-1). Sexual abuse of children can fall within the following WV statutes:

• §61-8B: Sexual Offenses
• §61-8C: Filming of Sexually Explicit Conduct of Minors
• §61-8D: Child Abuse (sexual abuse, sexual exploitation, female genital mutilation)
• §61-8-12: Incest
• §61-8-28a: Nonconsensual Disclosure of Private Intimate Images 
• §61-14-5: Human Trafficking involving Sexual Servitude and §61-14-6:  Patronizing a Victim of Sexual Servitude

West Virginia laws are specific concerning child sexual abuse. The law considers such factors as the victim’s age, the relationship of the offender to the victim, and the degree of force and violence involved.  

While child sexual abuse can occur as an isolated event, many children are sexually abused over a period of time. Long-term abuse in intra-familial situations, as well as in situations where children are groomed for abuse by authority figures (e.g., a coach, teacher or pastor), may begin when the child is young and continue well into adolescence and even after the child leaves home. 

The specific sexually abusive and exploitative acts involved can vary, but oftentimes child sexual abuse is escalating in nature. In some instances, child sexual abuse may be restricted to fondling or genital touching; in other instances, it may begin that way and escalate to penetration and/or intercourse after a period of time. Some children become adolescents before realizing that the sexual contact they had experienced was wrong and does not occur in most households or in most child-authority figure relationships. By this time, however, the child may have assumed feelings of guilt about the sexual activities and may be reluctant to reveal the situation to a trusted adult or family member.

What to Know

Types of Abuse

Child sexual abuse can include acts involving physical contact as well as no physical contact (such as verbal sexual harassment). Some examples:

• Sexual touching and fondling of a child’s sexual body parts
• Forcing a child to touch another person’s sexual body parts
• Exposing a child to adult sexual activity or pornographic material
• Having a child undress, pose or perform in a sexual manner
• Taking pornographic pictures of a child
• Voyeurism (“peeping” into bathrooms or bedrooms to watch a child)
• Exposing oneself to a child
• Attempted or actual oral, anal or vaginal penetration
• Making fun of or ridiculing the child’s sexual development
• Forcing the child to engage in sexual activity with animals  

Potential Signs of Abuse

Examples of potential signs of sexual abuse of children include:

• Repeated physical complaints with no known cause (e.g., stomachache, headache, etc.)
• Sleep disturbances or nightmares
• Excessive clinging or crying
• Bedwetting
• Depression
• Anxiety
• School problems
• Running away
• Hostility or aggression
• Suicidal thoughts/behavior
• Sexually transmitted diseases/infections
• Change in eating habits
• Fear or dislike of particular adults or places
• Withdrawal from family, friends or usual activities
• Frequent touching of private parts
• Sexual behavior inappropriate to the age of the child
• Drug or alcohol problems
• Physical symptoms involving the genital, anal or mouth area
• Any dramatic change in behavior or development of new behaviors  

Emotional Responses

Common emotional responses of sexually abused children include:

• Fear
  • Of the abuser
  • Of getting into trouble or getting a loved one into trouble
  • Of not being believed

• Guilt
  • For not being able to stop the abuse
  • For believing they “consented” to the abuse
  • For “telling”—if they told
  • For keeping the secret—if they did not tell

• Shame
  • About the abuse
  • About their body’s reactions

• Confusion
  • Because of their changing emotions
  • Because they may still love the abuser

• Anger
  • At the abuser
  • At other adults who failed to protect them
  • At themselves

• Sadness
  • About being betrayed by someone they trusted
  • Due to isolation
  • Because they have trouble talking about the abuse
  • Because they feel alone

Disclosures

Recognize that making a disclosure of sexual abuse may be a process for abused children rather than a one-time event.

• When attempting to talk to someone about the abuse, many children are unable to communicate what is happening or have great difficulty doing so. They may be embarrassed about what is happening to them or simply lack the vocabulary to talk about it.
• Even when the child is quite verbal, the listener may dismiss the story or accuse the child of lying. If no action is taken to protect the child from further abuse, the child may not initiate the subject again.  
• Some children believe that something bad will happen if they break the secret of abuse. Often offenders use threats to keep children silent. For example, they may tell children that no one will believe their story, or they may physically threaten children or their families if they tell.

While some children may tell you directly about the abuse, more commonly children will disclose the abuse in less direct ways. 

Indirect Hints

• “Daddy wouldn’t let me sleep last night.”
• “My babysitter keeps bothering me.”
• “Mr. Jones wears funny underwear.”

Gently encourage disclosing children to be more specific without suggesting they give more than they are willing to tell. When making a report, you don’t need to know exactly what form the abuse took, merely that there is a strong likelihood that abuse did indeed take place.

Disguised Disclosure

• “My friend’s daddy likes to play doctor.”
• “My dolly doesn’t like Uncle Jim anymore.”

By removing themselves from the act, children can feel safer in disclosing the information. Encourage disclosing children to tell you more. It is likely that they will explain what they are talking about.

Disclosure If You Promise Not to Tell

• “I have a secret but if I tell you, you have to promise not to tell anyone else.”

As mentioned above, children may believe that something bad will happen if they break the secret of abuse. It is critical not to negotiate with children and avoid promising not to tell to get them to disclose. However, you can promise that you will believe and support them. Let disclosing children know you want to help and that you are glad they told you.

How to Report

No matter how a child discloses the abuse, what is important is that the child has placed trust in you. Don’t try to decide for yourself whether or not the allegations are true. Child Protective Services and your local law enforcement have that responsibility, along with protecting children from further harm.

• Let the child disclosing sexual abuse know you are glad they told you.
• If you are a mandated reporter, tell the child that you are required by law to report the situation to legal authorities.
  • WVC §49-2-803 states that when any mandated reporter has reasonable cause to suspect that a child is neglected or abused or observes the child being subjected to conditions that are likely to result in abuse or neglect, such person shall immediately, and not more than 24 hours after suspecting this abuse, report the circumstances to the WV Department of Health and Human Resources (DHHR). In any case where the reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report to the State Police and any law enforcement agency having jurisdiction to investigate the complaint.
• Initial reports of suspected child abuse and neglect are made by calling the DHHR’s 24-hour abuse and neglect hotline at 800-352-6513.
• For more information on mandatory reporting laws: See Laws, Related WV Legislation, Mandated Reporting-Children.

For Parents

It is important for parents to discuss sexual violence with their children without scaring them. With younger children, parents can let them know the difference between “safe”, “unsafe” and “confusing” touches. Many abused children are confused because the unsafe and confusing touches can feel pleasurable. Parents can help by: 

• Teaching children the proper names for sexual body parts (many children are not able to tell about the abuse because they don’t know the words to use)
• Teaching children the difference between safe, unsafe and confusing touches
• Talking with children about appropriate touches and physical affection
• Telling children that it’s okay to say “no” to touches or behaviors that make them feel uncomfortable
• Reminding children that safety rules apply to all adults, not just strangers
• Teaching children not to keep secrets about touching, no matter what another person says
• Encouraging children to tell immediately if someone touches them or behaves in a way that is not okay  

How to support children when abuse has occurred:

• Stay calm. Don’t panic or overreact.
• Believe the children.
• Assure the children that they are not to blame for what has happened.
• Do let the children know it was very brave to tell you.
• Let the children know you are glad they told you.
• Protect the children immediately from the suspected offenders.
• Report the abuse at once to WV DHHR’s 24-hour abuse and neglect hotline at 800-352-6513 and the police.
• Refer families to the local rape crisis center.
• Get a medical exam for children even if they appear to be without injuries (all children deserve medical evaluation and treatment after a report of sexual abuse – such an exam should be performed by a medical provider with specific training in this area of medicine).
• Connect the children with a counselor who can provide support.

Remember:

• Children only report sexual experiences they have encountered.
• Children are not responsible for assaults against them.
• Most children are afraid to tell their parents what happened.

Note on Medical Care and Evidence Collection. Medical care and evidence collection for prepubescent child victims in the aftermath of a disclosure of sexual abuse can be different than they are for adult and adolescent victims. Disclosures of child sexual abuse are very often delayed and may have been happening for a long time before being reported.  For these reasons, the timing of medical evaluation and the need for evidence collection in children is determined on a case-by-case basis by a medical provider trained in child sexual abuse.  Some victims may need immediate care and/or evidence collection at a hospital emergency department. In nonacute cases, however, medical evaluations frequently can be conducted at a child advocacy center. 

Resources

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