hild sexual abuse (CSA) includes all types of
sexual victimization of children – penetrative or non-penetrative sexual
intercourse, pornography, sexual harassment, commercial sexual
exploitation, sex tourism and online exploitation [1]. In India, the
Protection of Children from Sexual Offences (POCSO) Act, 2012 (that
regards any sexual activity with a child below 18 years a crime),
describes various forms of sexual offences [2]. In recent years, CSA has
assumed global concern [3,4]. Whereas CSA has been mostly reported from
economically affluent countries, it may be more common in developing
countries. A recent epidemiological study mentions that the prevalence
rates of CSA in Europe, America and Asia were 9.2%, 10.1% and 23.9%,
respectively [4]. CSA is influenced by socio-cultural practices and
frequently goes unreported, as a culture of secrecy, fear of indignity
and social embarrassment prevents disclosure of such offences. Moreover,
minor forms of CSA are mostly ignored.
Sexual violence takes place in all settings: at home,
schools, child care institutions, places of work and in the community.
Information on the prevalence and forms of CSA is very scarce and
difficult to obtain. In a study carried out under the aegis of the
Ministry of Women and Child Development (2007) interviewing 1,25,000
children in 13 Indian states, it was found that sexual abuse had taken
place in about half of them [5]. Boys were equally affected and more
than 20% were subjected to severe forms of abuse. 10,854 cases of child
rape were reported from India in 2015, according to National Crime
Records Bureau. Several reports indicate that neighbours, friends, close
relatives, and acquaintances and employers at workplaces are the most
common abusers. The Delhi High Court observed that in 2014, of the 1704
cases of rape registered in the Capital, 215 cases were instances of
incestuous rape. Acts of CSA are usually repeated over varying periods
and may cause serious short- and long- term adverse effects [6].
A majority of health care professionals are not
trained to examine and manage a case of CSA. It isimportant that they
acquire the necessary expertise. This communi-cation describes the
management of CSA, focusing on medical history, physical examination and
forensic aspects. Physicians also need to be aware of prevention of CSA
and the POCSO Act, which clearly mentions their responsibility in the
management of CSA.
Initial Management of Child Sexual Abuse
Every case of sexual assault is a medical emergency
for which free treatment is mandatory at government or private medical
facilities, and no document or precondition is necessary for providing
emergency medical care.
A victim of CSA may approach a health facility
directly for treatment, with a police requisition after police
complaint, or with a court directive. The hospital is bound to provide
treatment and conduct a medical examination with consent of the
child/parent/guardian, depending upon the age of the child. The victim
may or may not want to lodge a complaint, but requires medical
examination and treatment. In such cases, the doctor is bound to inform
the police as per law. However, neither court nor the police can force
the survivor to undergo medical examination without an informed consent
of the child/parent/guardian. If the victim does not want to pursue a
police case, a medico-legal case (MLC) must be made and an informed
refusal documented.If the victim has reported with a police
requisition or wishes to lodge a complaint later, the information about
MLC number and police station must be recorded.
Medical Evaluation of a Child Subjected to Sexual
Abuse
An informed consent must be obtained, which is
required for examination, collection of samples for forensic
examination, treatment and police intimation. If the child is over 12
years of age, consent should be sought from the child. For those below
the age of 12 years, a parent or the guardian is required to providing
it. Such consent should be informed and the person providing the consent
should be clearly explained the purpose, expected risks, benefits and
any adverse effects of the examination, and the amount of time it will
consume. This information should be provided before the examination is
conducted [7-9].
Medical History
The diagnosis of CSA is most often based on the
history, as opposed to physical findings; and thus obtaining a
meticulous history of the child’s experience is crucial. The interview
should be conducted in a facilitative, non-judgmental and empathetic
manner and should not have an investigative tone, which is the domain of
the police and courts. The history includes the family’s psychosocial
background. The child’s developmental level is assessed. The questions
and the child’s responses are recorded verbatim. The body language,
demeanor and emotional responses are noted. The likelihood of behavioral
complaints and physical findings that may suggest sexual abuse should be
considered. Past medical history, incidents of abuse or suspicious
injuries, and menstrual history should be documented. Information is
obtained about the child’s behavior, specially sexualized behaviors and
in young children, the names the child uses for body parts (breasts,
vagina, penis,anus). Leading and suggestive questions are avoided and
expression of strong emotional responses such as shock or disbelief is
resisted. A review of systems is done focusing on any anal and genital
complaints such as bleeding, discharge, pain, or past genital injury.
The history of sexual abuse is ideally obtained without the presence of
the parent or caregiver. The child and the parents should be informed
and reassured that the pediatric forensic examination is not invasive or
painful and that internal instrumentation or speculum insertion is
carried out only when considered essential.
Examination
Doctors are legally bound to examine and provide
treatment to survivors of sexual violence. Timely reporting,
documentation and collection of forensic evidence are important toward
investigation of the crime. Police personnel should not be present
during any part of the examination.Where the victim is a girl, the
medical examination has to be conducted by a woman doctor in the
presence of the parent of the child or any other person in whom the
child reposes trust or confidence. If such a person cannot be present,
the examination is conducted in the presence of a woman nominated by the
head of the medical institution.The elements of physical examination
include particular attention to the following
• calming the child during examination
• positioning for optimal exposure of prepubertal
genital structures: frog-leg supine position, knee-chest or left
lateral decubitus position
• general observation and inspection of the
anogenital area, looking for signs of injury or infection and noting
the child’s emotional status.
• examination of mons pubis, labia majora and
minora, clitoris, urethral meatus, hymen, posterior fourchette, and
fossa navicularis.
• visualization of the more recessed genital
structures, using handheld magnification or colposcopy as necessary.
• collection of specimens for sexually
transmitted disease (STD) screening and forensic evidence
collection.
It is important realize that physical examination in
CSA is very likely to be within normal limits in most cases. The absence
of abnormal findings can be explained by several factors. Many forms of
sexual abuse do not cause physical injury. Thus, sexual abuse may be
non-penetrating contact and may involve fondling, oral-genital, genital
or anal contact, as well as genital-genital contact without penetration.
Mucosal tissue is elastic and may be stretched without injury, and
superficial abrasions and fissures can heal within a few days. The
perpetrators are very often known to the child and family and the use of
physical force is rarely a major component in CSA as in adult sexual
assaults. Disclosure of abuse is often delayed for weeks or months, and
by that time any physical evidence may be absent. The abnormal findings
observed may be attributable to acute injury incurred during the recent
episode or indicative of residual effects following repeated episodes of
genital contact in the past.
Investigations
The following investigations are routinely carried
out:
• Gram stain of vaginal or anal discharge
• Genital, anal, and pharyngeal culture for
Gonorrhea
• Genital and anal culture for Chlamydia.
• Serology for syphilis
• Wet preparation of vaginal discharge for
Trichomonas vaginalis
• Culture of lesions for herpes virus
• Serology for HIV (based on suspected risk)
Collection of forensic evidence employing the Rape
Kit and Urine toxicology screen (if the abuse or assault was likely to
be substance-facilitated) may be required.
Forensic Examination
Forensic evidence includes blood, semen, sperm, hair
or skin fragments that could link the assault to an individual person,
as well as debris (e.g., carpet fibers) that could help to
identify the location. Collection of specimens and material should be
done if sexual contact has occurred within 96 hours of the physical
examination. The purpose of a forensic examination is to ascertain the
following:
• whether a sexual act has been attempted or
completed. Sexual acts include the slightest genital, anal or oral
penetration by the penis, fingers or other objects as well as any
form of sexual touching. The absence of injuries does not imply
consent of the victim for the act.
• whether the sexual act is recent and if any
injury has been caused to the child’s body.
• the age of the survivor in cases involving of
adolescents.
• whether alcohol or any other intoxicating
substances have been administered to the child.
Management
Emergency medical care must be provided in a case of
CSA. Police or magisterial requisition is not required for that purpose.
The management of CSA includes the following:
• Treatment of sexually transmitted diseases
(STDs) is carried out with appropriate medications.
• In post-menarchal girls, the likelihood of
pregnancy and the need for emergency contraception is considered.
• Emotional support is provided.
• CSA, whether confirmed or strongly suspected,
must be reported to the appropriate authorities.
• Detailed, well-documented medical records must
be kept, since these are crucial in legal proceedings, which may
take place after a lapse of long periods.
• Referral to a mental health specialist should
be made in all cases, which is required for evaluation and treatment
of acute stress reaction, and subsequently posttraumatic stress
disorder (PTSD). Referral to other specialists should be made as
required.
Proper collection of material, depending upon the
history of sexual violence, is of utmost importance for medicolegal
purposes. Such assault can be peno-vaginal, peno-anal, peno-oral,
masturbation and use objects for penetration. Thus the material can be
semen, fecal matter, lubricant, saliva and hairs. Detailed instructions
about collecting forensic evidence are provided by the Ministry of
Health & Family Welfare, Government of India [9,10]. The material should
be properly packed, sealed, labeled and sent to the police.
One Stop Centers (OSC)
The Ministry of Women & Child Development, Govt. of
India is establishing One Stop Centers (OSC) to provide support and
assistance to victims of gender violence [11]. Thus, comprehensive
services, including medical, police, psychosocial counseling, legal aid,
shelter, referral and facilities for video-conferencing are provided
‘under one roof.’ For those below 18 years, these are undertaken in
coordination with authorities under the Juvenile Justice Act, 2011 and
the POCSO Act, 2012. The scheme is centrally sponsored with 100%
financial assistance.
Role of Mental Health Professionals
Mental health professionals have an important role in
assisting the child and the family during examination and for
comprehensive management of CSA. Victims of CSA are vulnerable
topsychoemotional distress and may have a tendency to self-harming
behavior. Experts can counsel the child and help to reduce the emotional
burden of trauma. Appropriate measures must be taken to prevent further
abuse, trauma and re-victimization.
Prevention of Child Sexual Abuse
CSA should be considered a preventable crime. The
society must shed old traditions of silence, shame and embarrassment and
act against this most reprehensible violation of child right and
dignity. Whereas the parents have the chief responsibility of protecting
their children, they must be supported by the civil society. Information
about the prevalence of CSA, its occurrence in all societies and
particularly who are the common perpetrators, legal aspects and the ways
for its prevention should be widely disseminated.The parents should know
the facts about CSA and take every care to watch over the child and
never leave them unsupervised. The child aged between 3-5 years can be
told what is ‘good’ touch or ‘okay touch’ and ‘bad touch’, and
places over the body where nobody except the mother can touch or clean.
Older children should be informed about body parts, differences between
boys and girls, and issues of privacy. Such communication may appear
difficult, particularly when using expressions for body parts and ‘how
babies are born’, but most parents find their own ways once they
understand the importance of empowering the child. Brochures, graphic
descriptions and parental guides are available to help them [10].
Adolescents need more detailed knowledge of body
physiology, sexual intercourse, pregnancy, healthy relationships and
sexual violence, which is best provided at schools by trained teachers.
This information can be packaged as health and family life education,
thus avoiding the term ‘sex education’. The parents should ask the child
to report any unusual behavior by adults or older children. Their
accounts must not be ignored and the child never made to feel guilty.
CSA is frequently reported from Children’s Homes,
work places and schools. Institutions must be closely supervised by
independent agencies and records of their inspections maintained. The
staff at these homes should be carefully selected. School authorities
and teachers should be informed about CSA and strict vigilance needs to
be maintained. Improper use of internet and mobile phones may put the
children at the risk of sexual misconduct.
CHILDLINE 1098: This is an emergency telephonic
helpline, which can link children in situations of abuse and neglect
with sociolegal services. It is operational in more than 400 cities and
districts across the country (India) and has proven to be of great help.
Medical professionals and others should be aware of this telephone
helpline, and call it to refer cases of known or suspected child abuse
or neglect. Clinics and hospitals should prominently display the
Childline telephone number (1098).
The Law on Child Sexual Abuse
In November 2012, India adopted The Protection of
Children from Sexual Offences Act (POCSO) meant to provide for
protection of children from the offences of sexual assault and
safeguarding the interest and well being of children [2]. It clearly
describes various forms of sexual misconducts including actual or
attempted sexual intercourse, oral sex, fondling sexual parts,
pornography and inappropriately photographing. POCSO is a comprehensive
law, which besides expanding the scope and range of forms of CSA, makes
its reporting mandatory and gives guidelines for various actions by the
police and at courts. Physicians are made responsible for ensuring
prompt and adequate response to child victims.
The Act includes child-friendly mechanisms for
reporting, recording of evidence, investigation and speedy trial of
offences through designated Special Courts. It deems a sexual assault to
be ‘aggravated’ when abuse is committed by a person in a position of
trust or authority vis-a-vis the child, such as a family member,
police officer, teacher, or doctor [1,2]. Different levels of punishment
are included, which are more stringent in cases of aggravated assault.
Mandatory Reporting
The Act calls for mandatory reporting of sexual
offences so that the doctor or any other health care professional who
has the knowledge that a child has been sexually abused is obliged to
report the offence, failing which he may face legal punishment (6 months
imprisonment and/or fine (Sections 19 and 21 of the POCSO Act).It does
not lay down that the mandatory reporter has an obligation to inform the
child or his parents or guardian about his duty to report. While making
the mandatory report, the doctor or other health professional should
describe the nature of the abuse and all involved parties. The reporter
is not expected to investigate the matter, or even know the identity of
the perpetrator, which are left to the police and other investigative
agencies.
Multidisciplinary Approach
The POCSO Act envisages a multidisciplinary approach
that will be conducive to medical care and justice delivery for a
sexually abused child. This can be achieved through coordination and
convergence between all key stakeholders such as Juvenile Police Units,
Child Welfare Committees, District Child Protection Units, health
professionals, mental health professionals including psychiatrist,
psychologist and counsellors, child developmental experts, medical
social workers, advocates, magistrates and members of legal profession.
The components of comprehensive health care response to sexual violence,
as per Guidelines & Protocols of the Ministry of Health and Family
Welfare [8], include first aid, informed consent, history and
examination, collection of forensic material and its further handling.
Appropriate treatment of injuries is carried out along with management
of sexually transmitted infections, HIV testing and prophylaxis, and
emergency contraception if indicated. Referral to other specialists is
made if required.
WHO Guidelines
The World Health Organization has recently published
guidelines providing evidence-based, quality, trauma-informed care to
children and adolescents who have been sexually abused [12]. Their
observations and recommendations are particularly aimed to assist
front-line healthworkers in low-resource settings.
Conclusions
CSA is a particularly reprehensible criminal act. The
practice is globally prevalent and occurs in all societies.
Pediatricians and other health care professionals are often the first
contact for CSA victims and thus need to have the expertise for its
adequate clinical evaluation and treatment, and be knowledgeable of the
legal aspects. A multi-disciplinary response is necessary for
comprehensive management that includes psychological support to the
victim and the family. The Government of India’s Act for Prevention of
Children from Sexual offences Act (POCSO, 2012) defines CSA and lays
down responsibilities of physicians and gives management guidelines and
legal procedures. Parents, school teachers and the civil society at
large must overcome the traditional inimical attitudes of silence and
shame and take appropriate educative measures to prevent CSA.
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