Why have I been touched badly? A 22 years follow-up research study on factors influencing Child Sex Abuse and Solutions to stop it.
Mrs. Ponnambily Jobin
Assistant Professor, Chettinad College of Nursing, Chettinad Academy for Research and Education,
Chennai, Tamil Nadu.
*Corresponding Author Email: ponnambily.ponnu@gmail.com
ABSTRACT:
The technology and democracy have helped us to forward the world fastly, without giving an ultimate solution to many social problems which makes the lives nightmare. Among these, the incidence of child sex abuse has become an unresolved issue and is increasing dramatically nowadays. The author has conducted a 22-years prospective and inquisitive search to explore the factors influencing the sex abuse from offender’s and victim/target’s point of view and to find a solution to eradicate this crime towards children. The researcher has selected a personalized cum case study qualitative approach to explore the factors and solution, introduced the paper with a title of ‘Why have I been touched badly’? and masked the title of the study, statement of the problem, research questions, inclusion and exclusion criteria purposefully to ensure confidentiality, anonymity and trust of the participants at cent percent as it is a highly sensitive issue in the society. The researcher has used triangulation method to evolve results bias-free. The researcher has used diary notes, discussions, observations and case studies. It is seen that there are 11 factors contributing to infant sex abuse, 9 & 6 factors for preschooler and schooler sex abuse respectively. The current research identified 6 phases of child sex abuse; observation phase, introduction phase, Samaritan phase, isolation phase, execution phase and termination phase. The existing body of literature regarding this issue is very limited. The researcher decided to discuss the evolved facts with reported cases of child sex abuse and studied on ‘how could it have been prevented?’ The researcher randomly picked five recent reported cases by media with the detailed explanation of the situational factors except the case study VI, which the researcher has purposefully selected this incident to justify the suggested solution to eradicate the child sex abuse in the society. The researcher concludes the paper with a request for revising POCSO act based on the results of the study, thus hopefully be able to stop the child sex abuse forever.
KEYWORDS: Child sex abuse, Pocso act, bad touch, sex offenders, sex abuse victims, a solution to sex abuse.
INTRODUCTION:
“I am very scared to get into the school bus. I hate him. If my parents came to pick me up on time from school after annual day function in the night, it wouldn’t happen to me”.
When I heard the incident at the age of 10 years from my friend, I had realized a fact that it would have been avoided by her parents. From that moment, I started to observe him as a third person to find that who is the next target (to stop it) and how is he trapping the targets?
Child sex abuse is a crime involves sexual offenses against children under 18 years1. STOPPING this crime is the need of the hour now. The reports of National Crime Records Bureau show that in the majority of the cases, the ‘offender’ is known to victims and are males. The Ministry of Women and Child Development released the results of a national level survey of NCPCR in 2017, in which 53% of the children revealed that they had been subjected to sex abuse and were unreported. It would assume that one in two children undergo one or more forms of sexual abuse. Among these, 20% of them reported that they underwent severe forms of sexual abuse and 57% of them were boys, who are a major unattended group because of their ‘gender’.
However, the legislative body of India have been taken many steps to prevent the crime towards children such as sex education through mass media and school curriculum, and mass education programs2, and punishment of culprits using POCSO act. But the statistics shows that incidence of reported cases are dramatically increasing and can’t imagine the number of unreported cases. Please hold on! Just flip the coin. How do come the other half of the children are protected? Why are the offenders not able to trap these children? It has been very late to use reasoning skills again to tackle this issue effectively as it is widely rooted in every nook and corner of the world.
I have been continued an inquisitive and prospective search for 22 years to explore the factors influencing the sex abuse from offender’s and victim/target’s point of view and to find a solution to eradicate this crime towards children. The researcher has selected a personalized cum case study qualitative approach to explore the factors and solution, and masked the title of the study, statement of the problem, research questions, inclusion and exclusion criteria purposefully to ensure confidentiality, anonymity and trust of the participants at cent percent as it is a highly sensitive issue in the society.
REVIEW OF LITERATURE:
A Canadian study examined the sexual recidivism, using data from 10 follow up studies of adult male sex offenders. The recidivism means the tendency of the offender to commit the crime again. The results showed that the younger sex offenders are likely to repeat the offences when compared to above 50 years old. Among these, majority are filed as boy child molesters. The paper concludes with a suggestion of not all sex offenders should be treated the same3. Another study was conducted on the assessment of recidivism over a 25 year follow up period. The results showed that 3 out of 5 are reconvicted of a sexual offence during follow up period. Child sex abusers are most likely to re-offend when compared to incest offenders. The findings showed that sex offense recidivism is another factor contributing the crimes towards children4. In United States, recidivism was studied again using a sample of 8,461 male sex offenders from 13 states and sex offenders are grouped into four categories: rapists, sexual assaulters, molesters and offenders. Recidivism was operationalized as rearrest and reconviction5. A research note showed that offenders are likely to commit a crime than general public. Most of them committed crime driven by emotions. It suggested an importance of maintaining registration to track offenders and will be helpful in investigations. This paper is concluded with a hope of significant decrease in sex offences due to registration system6. Availability of studies on sex offenders are highly limited and most of them focused only on ‘Recidivism’.
In the current paper, the researcher examines the factors influencing the sex abuse from offender’s and victim/target’s point of view and an effective solution to eradicate this crime towards children.
METHODOLOGY:
The researcher has used triangulation method to evolve results bias-free. The researcher has used diary notes, discussions, observations and case studies.
Dairy notes:
The researcher has noted the significant observations or important points during the discussions to overcome forgetfulness.
Personal discussions:
The researcher had personal and insightful discussions with victims to know about the sex offenders, factors influenced and how could it have been avoided from their point of view.
Nonparticipant observation:
The researcher observed the ‘detected’ offender’s behavior in public, followed his eyes and the way of interaction with children and families. In a common public space, the researcher observed the children- who are approaching the children and how they are cuddled. It is observed that 1 in 100 persons behaved ‘oddly’ with children by maintaining an excessive physical attachment like frequent hugging and kissings of the children, crossing the ‘social temperance’ and the researcher alerted the ‘unattended/busy’ parents to get the children back from them, when the situation demands.
Case study approach:
The researcher has done a detailed situational study of reported sex abuse cases in the media and checked the applicability of the recommended solution to prevent the atrocity again.
Table 1: Data generation method- A 22 years prospective approach
RESULTS:
After revising the available data, the researcher described the factors influencing the abuse and phases of sex abuse without giving an explanation of the participants. The aim is to protect them completely by maintaining anonymity and confidentiality.
Evolvement of facts:
The factors influencing the infant sex abuse:
1. Will not be able to report verbally to a third person by infants
2. ‘Zero resistance’ from infant to execute sexual activities
3. It is a highly attractive group by their cuteness, smile and chubbiness
4. Social acceptance of cuddling the infant anywhere by anyone
5. Lack of suspicion when being with an infant
6. Handing over of the baby to a second person is common by the parent
7. Easily attracted by infant’s smooth skin and smell of body and mouth. There is likely to increase libido among offenders in the presence of infants.
8. Infants also likely to be involved in physical intimacy with the caretaker by sucking, touching and hugging. There is likely to increase libido among offenders while seeing this cuddling activities.
9. No need to afraid of getting sexually transmitted diseases
10. No need to be afraid of threaten by less than a year old victims
11. No need to pay for it.
The factors influencing the preschooler sex abuse:
1. Highly accessible target, as they are the highly unattended group because of their interest to play anywhere
2. This group can be easily lured by love and gifts
3. The offender can repeat the cycle of abuse by threatening them or giving gifts
4. Will not be able to report verbally to a third person as they are not aware of ‘bad touch’
5. ‘Weak resistance’ from preschooler to execute sexual activities and the offender can overcome it by love, care and gifts
6. Social acceptance of interacting with preschooler anywhere by anyone
7. Lack of suspicion when being with a preschooler because of ‘babysitting’ concept
8. No need to afraid of getting sexually transmitted diseases
9. Negligible payment for gifts like chocolates.
The factors influencing the schooler sex abuse:
1. Physically matured
2. Confused stage in the midst of reality versus the fancy world
3. Likely to be enthusiastic about self identity and intimacy
4. No need to afraid of getting sexually transmitted diseases
5. Negligible payment for gifts
6. The offender can repeat the cycle of abuse by threatening them or giving gifts
Phases of child sex abuse:
There are five phases identified in the current paper:
1. Observation phase
2. Introduction phase
3. Samaritan phase
4. Isolation phase
5. Execution phase
6. Termination phase
Observation cum introduction phase:
If the offender is a known person to the child and family, he may enter into the Samaritan phase to be with the child. In contrary, when you go out with an infant, the majority (99%) is attracted to the baby and taking him/her for cuddling, and returned the baby to you within a time. This is called as ‘temperant/controlled social behavior’ in the public. Moreover, they will not introduce to you and they will leave you as a stranger after handing over the baby.
In contrary, the culprit (X) will be watching you (Y) and identify the persons (Z) which are known to you (Y). Within time, he (X) will make companionship with your known people (Z) and will get the details of you (Y) and family from them (Z). Then, he (X) will come to you (Y) to introduce himself(X) as a known person of your relatives(Z). Then, he (X) changed his status from unknown to a known person of you (Y). You, your family and your child’s daily activities and schedules are under observation of the offender. It may range from a few hours to months.
In case of preschoolers/schoolers, there are four possible ways of introduction. The first one is, the offender is already a known person to your child as a relative, a family friend, a neighbour etc. The second one is, from the child’s point of view, the parents are introducing a stranger as ‘uncle’, ‘auntie’ etc daily and the child assumes that all the strangers are known to his/her parents. That is why, they are being attracted when a stranger comes to a child and introduce himself as a known person to the child’s parents.
The third one is, the culprit (X) will be watching you (Y) and identify the persons (Z) which are known to you (Y). Within time, he (X) will make companionship with those people(Z) and will get the details of you(y)and family from them (Z). Then, he (X) will come to you (Y) to introduce himself as a known person of your relatives (Z). Next, he (X) will introduce to your (Y’s) child as a known person to his/her parents (Y). Then, he (X) changed his status from unknown to a known person to your (Y’s) child in every aspect successfully. The fourth one is, when the parents attend a family function, the child assumes that all the people attending the function are known to his/her parents. It is noted that majority of the crimes are happening during family functions, especially in the night.
How can it be prevented:
If you feel that you are under observation, keep that person away from you. When an unknown person comes to you and spending time with you always, please think that why is he with us unusually? However, you can watch that one in every hundred people will behave ‘oddly’ by cuddling the baby excessively by crossing the line of temperance. Then, you have to keep him under your surveillance. In case of preschoolers/schoolers, you shouldn’t forget to tell your child that he/she shouldn’t go with anyone other than a specific person.
Samaritan/friendship phase phase:
These culprits will try to spend the majority of the time with you and family and will take all the instant chances to help you. Naturally, the target’s family identify him as a trustable person and continue the relationship with the offender. In case of preschoolers/schoolers, the child identified him as a friendly person and continue the relationship with the offender. The offender attracts the child by acting as a best friend, a playmate or by giving surprise gifts. Most of the victims expressed as ‘I have trusted him’, ‘I didn’t expect like this from him’, ‘I believed him, as he is known to my parents’ etc.
Isolation phase:
The culprit will take every single chance of being with you or create a believable dramatic scene to be with you. If any situation comes, the Samaritan shows interest to take care of the child (babysitting) or you handover the child for sightseeing or you allow him to play with the child etc. Here, the offender and baby enter into the isolation phase. In another way, the offender can also withdraw the child by telling that parents sent him to take care of him/her or lured by giving gifts to an isolated place. It is identified that the culprit already planned a ‘safe’ place to execute the ‘activity’ and his next aim is to drag the child to the same place without any suspicion.
How can it be prevented:
Please note that even if you hand over the baby, keep them under your surveillance. If anything goes wrong, get the baby back immediately without showing your discomfort on the offender. The main purpose is to avoid rivalry with the offender.
Execution phase:
It is also noted that the offender has a series of warm-up sessions ranges from days to months with the victim like patting, hugging, kissing etc before this phase. The purposes are, to know that whether the child is reporting to anyone, to gain trust on the child, to convince the child as a part of love and to decrease the resistance from the child. When the situation favors, the offender may start sexual activities like engaging in ‘a new play’ and it will go up to his needs and availability of the time.
How can it be prevented:
Please keep checking both of them to break the isolation phase and to ensure that the child is safe.
Termination phase:
There are three ways evolved. The first one is, after the execution phase, if the baby looks normal and the culprit returns the baby to parents and the cycle continues until he is notified. The second one is, the baby is ended up with injuries, so he has two options to terminate this phase, either leave the baby or kill the baby. The third one is, the baby might have died due to suffocation. If the baby is killed or died, the offender’s next aim is to hide the body immediately and runs away from the scene.
There are three ways evolved in case of preschoolers/schoolers: The first one is, after the execution phase, if the child looks normal, he threatens or demands the child to keep as a ‘secret’ between them as friends like ‘promise’, and the culprit returns the child to the same place where he picked and the cycle continues until he is notified. The second one is, the child is ended up with injuries, so he has two options to terminate this phase, either leave the child or kill the child. The third one is, the child might have died due to suffocation and he realizes it after the ‘act’. If the child is killed or died, the offender’s next aim is to hide the body immediately and runs away from the scene.
It is noted in the current study that no abuse is started with an aim to kill the child. In the end, they are forced to do it to ‘cover’ the ‘act’.
DISCUSSION:
The existing body of literature regarding this issue is very limited. The researcher decided to discuss the evolved facts with the reported cases of child sex abuse and studied on ‘how could it have been prevented?’ The researcher randomly picked the five recent reported cases by media with the detailed explanation of the situational factors, except the case study VI.
Disclaimer:
The researcher has studied the situations contributing the sex abuse as reported by the media and no other attempts was made to collect the data for discussion.
Case study I:
An eight-month-old baby was allegedly raped by the cousin
Reported in NDTV on 28 January 20187:
‘The baby was alone at home when she was raped, allegedly by a relative. Her mother, who works as a domestic help, found her covered in blood when she returned from work. Her condition is critical but stable, hospital authorities said. The accused, who went missing soon after the incident on Sunday, was arrested late on Monday, police said. The man, who is reportedly the first cousin of the child and lives in the same building, has confessed to the crime, reported PTI.
Police said the baby, whose father works as a laborer, was alone at her home in West Delhi's Subhash Nagar on Sunday afternoon. When her mother, a domestic help, returned from work, she found the child covered in blood and crying. Her sister-in-law, who was supposed to babysit, said the child's cousin was playing with her for a while. The man, who had gone missing, was arrested later from the neighborhood’.
DISCUSSION:
Observation cum introduction phase:
The offender is a relative of the family and knows about the family routines.
Samaritan phase:
Acting as ‘caring’ the baby through play
Isolation phase:
It is reported that the child was alone at home.
Execution phase: Data is unavailable
Termination phase: He left the child on the spot and gone missing
How could it have been prevented:
One can easily find that three levels of handing over of the child happened; mother to father, father to another lady for babysit and from her to the offender. If the parents put ‘attention’ while handing over the child, it could have been avoided.
Case study II: 18-month-old raped allegedly by father’s friend babysitting her
Reported in Hindustan Times on 15 November 2017 8:
‘An 18-month-old girl was raped on Monday afternoon by her father’s friend who was tasked with babysitting her at their home in an urban village, police said. The crime came to light the same evening when the child’s mother returned home to find blood on her daughter’s private parts and clothes. The girl’s father runs a small business in which he supplies laborers and workers and charges a commission for it. His wife is a domestic help. They have two other children: a 10-year-old son and a six-year-old daughter. The girl’s father said that he had helped the suspect get a job as a guard at a coffee shop. “He belongs to my village and had been staying at my house for the last two months. Since his duty was at nights, he would take care of my children when my wife and I would be away at work in the daytime,” the father said. On Monday morning, the girl’s parents left for work and her two older siblings went to school. It was around afternoon that he raped the girl and left her bleeding. “When my wife returned home in the evening and checked our daughter, she found blood on her clothes. She immediately checked her to find she had been sexually assaulted,” said the father’.
DISCUSSION:
Observation cum introduction phase:
The offender is staying with the family for two months and knows about the family routines.
Samaritan phase:
Acting as a babysitter for three children
Isolation phase:
It is reported that the child was alone at home
Execution phase:
Data is unavailable
Termination phase:
He left the child in the same house
How could it have been prevented:
One can easily find that if the parents put ‘attention’ during babysitting while keeping a third person or adopting any other safe babysitting methods, both the child and offender would not enter into the isolation phase and it would have been prevented.
Case study III:
50-year-old man arrested for raping a 4-year-old girl
Reported in Hindustan Times on 11 March 2018 9:
‘A 50-year-old man has been arrested for allegedly raping a four-year-old girl in evening. The girl was playing outside her house in the evening hours when the accused approached her. The man noticed that the girl was unattended and taking advantage of the situation, he lured her by offering chocolate. “The accused took her to his room in the nearby lane. There, he sexually assaulted her and then left the girl outside her house,” said senior inspector. The matter came to light late in the evening when the girl’s mother was giving her a bath. While washing her up, the woman noticed abrasions on her body and asked her if she had fallen down. The girl told her mother what had happened a few hours ago. Following this, her parents alerted the police’.
DISCUSSION:
Observation cum introduction phase:
The offender observed that the girl was playing unattended outside her house
Samaritan phase:
The researcher assumes that the offender might have gained trust in her by luring the victim.
Isolation phase:
Accused allegedly lured the victim to his room by offering a chocolate to her
Execution phase:
Data is unavailable
Termination phase:
He left the girl outside her house
How could it have been prevented:
The girl was taken by an offender and it was not noticed by her parents for a time period. If they put the ‘attention’ over the girl, it could have been prevented.
Case study IV:
Two children raped and murdered during weddings within a week
Reported in Hindustan Times on 20 April 201810:
‘A 7-year-old girl was allegedly raped and murdered by a 19-year-old man early on Tuesday during a wedding, police said, in the latest incident of murder of a minor girl during a wedding in the same area. Sonu took the girl away when her family members were busy during a wedding ceremony to an under-construction house and raped her and later killed her to avoid being identified, police said.
“The 7-year-old girl was attending a wedding function last night (Monday night) but was found missing at about 1 am on Tuesday,” police said.
“A search was conducted by the family members attending the function and she was found dead in an under-construction house nearby,” he said.’
DISCUSSION:
Observation phase:
The offender observed that the girl was unattended when her family members were busy during a wedding ceremony
Introduction and samaritan phase:
Data is unavailable
Isolation phase:
The offender took the girl away to an under-construction house
Execution phase:
Raped her
Termination phase:
Later killed her to avoid being identified
How could it have been prevented:
The girl was taken by an offender and it was not noticed by her parents from the late evening to 01.00 am on next day. The offender has got plenty of time for isolation, execution and termination phase. If they keep the ‘attention’ over the girl, it could have been prevented.
Case study V:
Minor burnt 12-year-old girl after rape
Reported in Hindustan Times on 23 March 2018 11:
‘Police on Friday filed a charge sheet against eight persons in the gruesome rape and murder of a 12-year-old, detailing how the three main accused, including two minors, took turns to rape her and then burnt her alive when she threatened to expose them. The girl was raped in a small hut on March 23 and she died on next day. However, before her death, she had named the accused to the police. The three had entered the girl’s house. The family of the victim, including the parents and an elder sister, was not in the house at the time of the crime, the police said. When the victim threatened that she would tell about the incident to her family, her cousin got hold of a container full of kerosene and tried to pour it on her, a police officer involved in the investigation said, adding that since the container was too big for the little boy, most of it spilled on the floor. “The main accused then took it from him and doused her,” the other police officer said, adding that one of the minors then lit her. A police officer said that the girl’s statement before death, in which she had named the three accused, was “crucial piece of evidence” even though they have witnesses, who saw them fleeing.’
DISCUSSION:
Observation cum introduction phase:
The offenders are known to victim and family
Samaritan phase:
Data is unavailable
Isolation phase:
The girl was alone at home while the family of the victim, including the parents and an elder sister, were not in the house. It is reported that the three had entered the girl’s house
Execution phase:
Took turns to rape her
Termination phase:
Then burnt her alive when she threatened to expose them.
How could it have been prevented:
If the parents keep ‘attention’ to not leave the girl alone at home or keeping a second person at home or taking the girl along with them, it could have been prevented.
Case study VI:
Mother Arrested for Allowing Daughter’s Sexual Abuse in Theatre
Reported in The Hindu on 14 May 2018 12:
‘A 10-year-old girl was sexually abused inside a cinema theatre in Malappuram district by 60-year-old, even as the girl's mother sat next to him with alleged full knowledge of the heinous crime being committed. The incident was caught on CCTV camera. A day after the incident, on Sunday, 13 May, the girl's mother was arrested. The police have booked the girl's 35-year-old mother under section 364 (A) of IPC, along with relevant sections of POCSO and Juvenile Justice (JJ) Act. She was taken into custody after CCTV visuals from the theatre showed that the offender was engaged in a sexual act with the girl’s mother, while also sexually abusing the minor child. The child is handed over to child welfare committee.’
DISCUSSION:
In contrary, the researcher has purposefully selected this incident as a case study to justify the suggested solution in the recommendations of the current paper. Here, the offender is able to go through from introduction to isolation phase with the consent of the mother and able to maintain ‘zero resistance’ of the victim throughout the execution phase. For this, the mother was arrested and booked her under Commissions for Protection of Child Rights (CPCR) Act, 2005 13.
Recommendations at the national level -Existing laws and the need for revision
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is established on 19th June 2012 by the National Commission for Protection of Child Rights (NCPCR), Government of India. It has given a detailed explanation of various sexual crimes and punishment for offenders in nine chapters such as preliminary, sexual offenses against children, using a child for pornography, attempt to commit offenses, procedures of reporting cases and recording statement of the child, special courts and miscellaneous guidelines14. The Act strongly recommends the punishment for the offender in every aspect without a loophole. Nonetheless, one can easily point out that if we focus on the prevention of committing a crime, then there is no need of thinking this tangled laws.
Before coming to the solution, I would like to get your attention to the above-mentioned case studies. In case study VI, the mother was arrested for ‘allowing’ the offender to abuse her own daughter. In other case studies (I-V) incidents happened due to ‘inattention’ of the parents like handing over of the child (I&II) and leaving the child alone (III,IV&V), which paves the way to sex abuse and murders. The figure 1 shows that the offender(VI) has entered into the child’s life with the consent of the mother. The mother and offender were arrested for legal proceedings, which could be considered as the rare incidents. On the other side, the offenders have entered into the children’s lives due to ‘negligence’ of the parents through handing over of the child and leaving them alone or unattended, which could be considered as common incidents. But, in these cases, only the offenders were arrested for legal proceedings under the POCSO Act. The negligent parents who are legal guardian to the child from the birth certificate to Aadhar identity cards, and supposed to protect and raise the child safely in the society, are escaped under the POCSO Act.
It is also important to know that a doctor can be sued for deficiency in his/her duty results in negligence, considered as medical negligence liability under the Consumer Protection Act. Here, the negligence is simply the failure to exercise due care 15and the breach of a legal duty to care. It means carelessness in a matter in which medical negligence law mandates carefulness to all health professionals16.
The law warns the health professionals to be very careful in executing his/her duty. After the implementation of this law, the health professionals are always vigilant in executing the duty without failure and patient care errors are dramatically reduced. Likewise, if NCPCR revises the law to punish legal guardian under the act of negligence, it gives a sensible warning to each parent to take care of their children. If the sex abuse has happened in school, tuition centre, daycare etc, committed guardians (teachers, babysitter etc)who are responsible to take care of the children for a particular period of time have to be punished under the negligence along with the legal guardian for not to ensure the safety of the environment before handing over the child. Thus, it gives a sense of warning to each legal parent or guardian to be very careful in exercising childcare to not to get sued like as a health professional does today. Thus, we can eradicate the ‘child sex abuse’ in the society forever.
CONCLUSION:
Don’t expect an angel will come from heaven and will protect your children. You are the assigned angel to protect your child. It is your duty to provide food, clothes, shelter and education anchored with safety. If you are not able to keep safe your own children, how can you expect a ‘government’ which is formed by a group of people and written rules, to guard 1.3 billion people?
“To parents; your child is not a toy to leave it unattended or to handover
To offenders; a child is not a squeezing toy in your hands
To Government of India; It’s too late, please make it fast.”
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Received on 29.06.2018 Modified on 18.07.2018
Accepted on 17.08.2018 ©A&V Publications All right reserved
Asian J. Nursing Education and Research. 2019; 9(1):09-16.
DOI: 10.5958/2349-2996.2019.00003.X