Now the reason I'm taking the time to do this is three-fold:
1) To educate and dispel myths and inaccuracies; and
2) To ensure that appropriate privacy and confidentiality protections are applied to victims and survivors.
3) Concern at the number of submissives who state that they were introduced to D/s and BDSM at a young age ..and by an adult.
I ask that Y/you work through these background steps with me as each step leads to the next...
Child Abuse Prevention and Treatment and Adoption Act (CAPTA USA). mandates "minimum definitions" for child abuse and sexual abuse (note: each state has it's own expanded definitions).
Sexual abuse is defined as
rape, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.
Employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct;
OK.. so now we know what child sexual abuse is, let's move on to:
Age of Child at Time Of Abuse
All states and countries have a definition on the age of a child. Usually this is the age of 18 in Aust, NZ, Europe. In USA it can be 17 years and under. To check the age in your state... go to the National District Attorney's Association Centre for the Prosecution of Child Abuse http://www.childwelfare.com/Child%20Abuse%20Law.htm
In short, what this means is that if the victim was sexually assaulted or coerced into activity at and/or under the age stipulated, then they were a minor.
If the perpetrator of the abuse was 5 years or more older than the victim/ survivor, or if the abuse was in the context of a relationship (eg:older man young girlfriend under 17 yrs) rather than a one one-off opportunistic event, then this becomes an even more serious matter and aggravated circumstances may be applicable.
In short, if an adult grooms and persuades a minor (in USA generally 17yrs and under) into sexual activity, then it is child sexual assault and is a felony.
Legal Remedies for Survivors and the Statutes of Limitations on Legal Action.
Many adult victims do not realise that what happened to them is sexual assault until many years after the event. When they do, they may be too frightened or embarassed or too psychologically fragile to raise the issue among family or friends and even more fearful of raising it with the perpetrator.
It is often not until they are adults that they realise the full extent of what has been done to them.. and the effects of the assault, which as W/we know can be quite severe (watch for more on the effects and supports in a blog this week).
So what happens when an adult victim finally comes to terms with their abuse as a child, when they finally see that the relationship they shared with an older boyfriend/girlfriend or trusted adult was in fact, exploitative?
Can they take action many years after the abuse?
Adult victims and survivors are bringing actions seeking accountability as well as damages for:
the cost of past and future therapy,
loss of childhood,
failure to fulfill potential and:
long-term emotional damage resulting from the abuse.
Statutes of limitations on criminal and civil court/legal actions are retroactive (i.e. they have been extended to allow actions to be taken by survivors who are now adults who were abused as children).
For further information on the time limits on taking action.. either civil or criminal in Y/your state in the USA http://www.smith-lawfirm.com/statutestable.html
The identity of a child victim is shielded by law in most countries. This means that as an adult taking legal action, you are afforded the protections that you would have if you were at the age of the alleged assault.
To identify the victim of such an assault, even when they are an adult, is illegal without either the victim's expressed consent or by court order..
and so, to the male writer of the blog who identified one such victim ...
I strongly recommend you immediately seek and add her expressed written consent to your unecessary identification of her on that blog ... three things you need to heed:
1) Felony to identify child victim in your and her state and nationally;
2) Expressed written consent of the adult victim of statutory child abuse which confirms her permission to identify her so clearly in your blog;
3) It is NOT your story to tell ...
NB: In addition to the laws pertaining to adult victims of child sexual assault, it is also generally accepted and in some cases, embedded in law that the identity and identifying details of adult sexual/rape victims also remains confidential ... and publication by any O/one other than the victim is a serious concern. It not only has the potential to re-victimise the victim/survivor, but may also be regarded as bullying and in some instances stalking by proxy.
Comments
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- Fucker
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Once again, a brilliant and educated post blonde...
Monday February 5, 2007 - 12:34am (EST) Remove Comment
- Cowbo…
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Amen...it is so NOT his story to tell!
Monday February 5, 2007 - 05:55am (GMT) Remove Comment
i learned these laws all too well in my province unfortunately...i was lambasted with the truths when i was too young, and it took me a long time to understand and accept...
but it's never too late...this information is so important...
Sunday February 4, 2007 - 11:05pm (PST) Remove Comment
I do hope the male blogger mentioned in your post knows that (if he's in the US) he's broken several laws by listing her name. I've studied law for 6 years now, and even though I'm not an attorney I can tell you that if anyone reported him, a few things could/would happen:
1.) His blog deleted by Yahoo since it violated a TOS qualification that he accepted. That's called breach of contract here.
2.) The authorities can come knocking on his door.
3.) The named victim can take civil action against him and possibly receive punitive damages and more. (Notice I said possibly since these types of things really Are state specific)
There's a few more, but those are the most harsh I can think of right off the top of my head.
Anyone who names a victim of abuse in their blog or in any other medium without using a pseudomyn or without that person's express consent could be violating not only the victim yet again, but also local, state and/or Federal laws. They're also pretty damn low on the moral ladder in my personal opinion.
Monday February 5, 2007 - 03:14am (EST) Remove Comment
- THE B…
- Offline
Thank Cyber' ... and note.. any use of a pseudonym needs to be so far removed as to ensure that there can be no recognition of the victim/survivor, their person or contact details.
Monday February 5, 2007 - 07:51pm (EST) Remove Comment
- Aragorn
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A very informative and succinct blog blonde. If only people would accept their reality and stop pretending they are more or know more than is actually true for them. Hopefully this accurate blog will empower those that need it and shame the charlatans who offer advice without being qualified to do so.
Monday February 5, 2007 - 11:34pm (EST) Remove Comment
- Blue …
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Blonde, this is a very well writen, informative blog. I hope that you keep them going.
Take care and may peace be with you and your loved ones
Fred
Monday February 5, 2007 - 11:51am (CST) Remove Comment
- …
- Offline
Great post as always. Thanks for the thought provoking information.
Monday February 5, 2007 - 07:32pm (PST) Remove Comment
- fìrëì…
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wonderful and informative sister....i just wish as a kid that i knew it was abuse and i wish that i had the courage to tell an adult at the time...might i just add that if you think or are suspicious that perhaps a little friend in your life is being taken advantage of that one would sit down and talk and try to dig a little to find out if it's true or not so you can help them...when you're little, you don't understand and when you're raised to respect and obey adults no matter what...well...that throws a wrench into the machinery of life...reach out and help if you can...i wish someone would've done that for me...ty for helping the community dear blonderaven...you are a treasure indeed! xox
Tuesday February 6, 2007 - 10:37am (EST) Remove Comment
Fascinating, thorough, and more than a little disturbing. Thank you for spreading the word we all need to hear.
Tuesday February 6, 2007 - 05:15pm (PST) Remove Comment
Thank you for the time to post this information. it is appreciated.
Wednesday February 7, 2007 - 07:11am (PST) Remove Comment
Sorry I didn't get to write in sooner on this one. We think of child abuse as such a horrible thing, so obviously a wrong to be addressed, but it wasn't until the late 1960s that the phenomenon was being discussed in scholarly circles. In 1974, a nationwide survey found that 10% of people asked thought it was a serious problem. By 1980, 90% of people surveyed recognized it as serious. This shows us that the topic belongs out here in the open, where we can learn and address the wrongs. I have 3 children, and since they were born, I've become more aware every day of the harm that can befall them. Thank you for reminding us, and for keeping the flame burning.
Wednesday February 7, 2007 - 12:34pm (PST) Monday February 5, 2007 - 04:26pm (EST)
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