Legal Research Pathfinder Topic: Child Sexual Harassment Introduction Sexual harassment is defined as the process of bullying, coercion or intimidation pertaining to sexual nature, or any form of unbidden request or promise offered in return of sexual favors (What is Sexual Harassment). Although, it may be contextual, it still is a major issue in the society and culture.
Though, we have mostly been concerned with the peculiar case of an adult being sexually harassed by another adult, whether it is in the streets, house or office (Title VII, Civil Rights Act, 1964. Johnson, B. T.), we tend to ignore one major aspect of the problem of sexual harassment (Davidson, J. C. 2008). That is child sexual harassment.
As per Dziech, sexual harassment in education remains an overlooked problem in the society, with the senior management of these educational institutions refusing its existence and refraining from taking any strict, efficacious action against it (Lewis, J. F., & Hastings, S. C. 1994. Layman, N. S. 1994. Machay, J.). Needless to say, this problem exists even outside educational institutions and does warrant some immediate action against it.
This is my personal opinion that when we adults are more or less aware of what is going on, when someone whistles in the street or leers at us in the elevator, a child does not have the necessary level of social understanding and power to know what is going on and how to stand up against it, not to mention of the subsequent mental trauma and depression (W. L. Felstiner, R. L. Abel & A. Sarat, 1980-1981). Being responsible citizens of the country, it is our duty to take care of the future of our country, and these children are the future of our country.
In this paper, we are going to discuss about the most relevant, current federal/state statutes and cases regarding child sexual harassment.
Here are the federal statutes on the topic of child sexual harassment below (Federal Laws | Sexlaws.org).
1. 18 USC 1466A – Obscene visual representations of the sexual abuse of children
2. 18 USC 2251 – Sexual Exploitation of children
3. 18 USC 2251A – Selling or buying of children
4. 18 USC 2252 – Material involving the sexual exploitation of children
5. 18 USC 2252A – Material constituting or containing child pornography
6. 18 USC 2256 – “Child Pornography” defined
7. 18 USC 2258 – Failure to report child abuse
8. 18 USC 2260 – Production of sexually explicit depictions of minors for importations into the US
9. 18 USC 2422 – Coercion and enticement
10. 18 USC 2433 – Transportation of minors
11. 42 USC 13032 – Reporting of child pornography by electronic communication service providers
Needless to say, every state has its own set of child sexual abuse laws and a person who has been impeached with child sexual abuse at the federal level, may still face serious consequences at the state level. Statutory rape, in the simplest of definitions, is basically sexual exploitation of the minor (USC Title 18 – Crimes and Criminal Procedure).
As noted in the IPT Journal – “Child Sexual Abuse: Is the Routine Provision of Psychotherapy Warranted?” The notion that child sexual abuse is a “destroyer” of mental health .has been based largely on studies involving clinical samples (Berliner & Elliott, 1996). And this is proved by a numerous real-life examples as well.
For example, the study done by the social working group ‘Mkombozi’ on the Tanzanian schools showed a shocking incident of a young boy being sexually abused by the members of the neighborhood school (CRIN – Violence Study – Sexual Abuse in Tanzanias Schools: Case studies from Majengo community).
Another was an incident in Uttar Pradesh (India) in the year 1999, when a mother reported a social working group named ‘Vanangana’ about her young daughter being sexually harassed and abused by her husband. According to a case study, most Indian children go through some sexual harassment torture, which came to light after the infamous Nithari killings (Nautiyal, P., & Lal, A.).
A few many case studies were being provided by Margaret Pipe in her book ‘Child sexual abuse: disclosure, delay and denial’ in 2007 (Pipe, M. 2007).
Though, it is merely a few child sexual abuse incidents that we noted here, there are millions of such cases being notified all over the world (Bagley, C., & King, K. 1990). And even as it is proclaimed that it has increased over the recent years, sufficient proven studies show that it has been continued for a long time.
Most of the time, the federal government is concerned and active about adult sexual harassment, mainly employment sexual harassment (Sexual Harassment Law.), but w forget to tend to those impressionable young minds who are just starting to learn about the world and perhaps, gradually resorting to a negative approach as they helplessly tolerate the physical and mental torture on them.
It’s high time that we take some concrete action against this, child sexual harassment and abuse.
Note: All of the references have been searched and found in the internet library. The books are located in the Google Books section, while the journals and the website were located in the Google search results. A few of the citations were located in the Wikipedia and other website resources as well.
The citations are in the APA format. The citations consist of 11 books, 5 websites and 3 journals. Two of the books and all three journals were published by the government. Here are the citations below:
Johnson, B. T. (n.d.). Preventing Sexual Harassment Liability | The National Law Review. .National Law Review: business law articles and legal analysis for legal research. Retrieved February 23, 2011, from http://www.natlawreview.com/article/preventing-sexual-harassment-liability
Machay, J. (n.d.). Florida Laws on Sexual Harassment in the Classroom | eHow.com. .eHow | How To Do Just About Everything! | How To Videos & Articles. Retrieved February 23, 2011, from http://www.ehow.com/list_6880374_florida-laws-sexual-harassment-classroom.html
Nautiyal, P., & Lal, A. (n.d.). TOWARDS PROTECTION OF CHILDREN AGAINST SEXUAL ABUSE: NO CHILD’S PLAY.NUJS Law Review. Retrieved February 23, 2011, from www.nujslawreview.org/articles2010vol3no1/pallavi-nautiyal-and-arun-mal.pdf
Dziech et al. 1990, Boland 2002
Layman, N. S. (1994). .Sexual harassment in American secondary schools: a legal guide for administrators, teachers, and students. NY: Contemporary Research Press.
Lewis, J. F., & Hastings, S. C. (1994). .Sexual harassment in education. NY: National Organization on Legal Problems of Education
Bagley, C., & King, K. (1990).Child sexual abuse: the search for healing. NY: Routledge.
Pipe, M. (2007). .Child sexual abuse: disclosure, delay, and denial. NY: Routledge.
Davidson, J. C. (2008). .Child sexual abuse: media representations and government reactions. NY: Routledge.
Paludi, Michele Antoinette. Barickman, (1991). Academic and Workplace Sexual Harassment. SUNY Press. pp. 2–5. ISBN 0791408299.
W. L. Felstiner, R. L. Abel & A. Sarat, (1980-1981) “The Emergence and Transformation of Dispute: Naming, blaming, Claiming…”, 15 Law & Society Rev.
Save the males: Ho culture lights fuses, but confuses, By KATHLEEN PARKER, NY Daily News, June 30th 2008. Based on “Save the Males” by Kathleen Parker, Copyright 2008, Random House, an imprint of Random House Publishing Group.
Preventing Sexual Harassment (BNA Communications, Inc.) SDC IP .73. 1992 Manual
What is Sexual Harassment. (2011, February 21). .What is Sexual Harassment. Retrieved February 21, 2011, from www.un.org/womenwatch/osagi/p
Sexual Harassment Law. (n.d.). .Employee Rights in Plain English – Employers & Employees. Retrieved February 21, 2011, from http://employeeissues.com/sexu
Federal Laws | Sexlaws.org. (n.d.). .Sexlaws.org | Answers to questions about the age of consent, statutory rape laws and sexual assault and other family protection laws.. Retrieved February 21, 2011, from http://www.sexlaws.org/federal_
USC Title 18 – Crimes and Criminal Procedure. (n.d.).Harverford Students. Retrieved February 21, 2011, from students.haverford.edu/masar/do
Workplace sexual harassment, from Volume 2, Issue 3, of Combat Law . (n.d.). .India Together: The news in proportion – Home Page. Retrieved February 21, 2011, from http://www.indiatogether.org/com
Berliner, L., & Elliott, D. M. (1996). Sexual abuse of children. In J. Briere, L. Berliner, J. A. Bulkley, C. Jenny, & T. Reid (Eds.), The APSAC Handbook on Child Maltreatment ()() (pp. 51-71). Thousand Oaks: Sage.
example, w. o., & experience, S. c. (n.d.). IPT Journal – “Child Sexual Abuse: Is the Routine Provision of Psychotherapy Warranted? “.Home Page of the IPT – Institute for Psychological Therapies. Retrieved February 21, 2011, from http://www.ipt-forensics.com/journal/volume11/
eighties, t. l., & an, n. o. (n.d.). humanrightsconnection.org | Confronting Child Sexual Abuse: A Case Study from India. .Human Rights Connection. Retrieved February 21, 2011, from http://www.humanrightsconnection.org/esp/advocacy/case-studies/confronting-child-sexual-abuse/
CRIN – Violence Study – Sexual Abuse in Tanzanias Schools: Case studies from Majengo community. (n.d.). .CRIN – Child Rights Information Network – Home. Retrieved February 21, 2011, from http://www.crin.org/violence/search/closeup.