Hi Jennifer

Are you solely interested in how these things work in the US, or would you also appreciate studies etc from other places in the World like inn my home country Sweden?

Hi Pontus,

I am interested in studies from other countries, as they may offer examples that the U.S. can emulate. After viewing a report from UNICEF on country rankings for child abuse crimes, it appears the differences in sanctioning may be attributed to legal systems of the countries. Any guidance is appreciated!

Jennifer

Hi Jennifer, you can google on the verdicts of the EHRM, especially article 6 and 8.  Venema vs Netherlands is an example of a case you can look into. Follow the link: it is in Dutch but you can find the verdict there:

https://openaccess.leidenuniv.nl/bitstream/handle/1887/18069/Annotatie%20bij%20EHRM%207%20juni%202011,%20EHRC%202011,%20130%20(S.T.S.%20t.%20Nederland).pdf?sequence=1

Hello Jennifer, Hopefully a couple of these links will help you find some of the information you are looking for. At times you will also find information posted in the victims rights and protection rather than the offenders violations and laws for the criminal acts. Also, it is sometimes the types of protection for the child victims and other victims of crime that will allow the offender to avoid being prosecuted.   

The Crime Control Act of 1990 (Child Victims’ and Child-Witnesses’ Rights) 18 U.S.C. § 3509—Child-Victims’ and Child- Witnesses’ Rights

https://www.justice.gov/sites/default/files/usao/legacy/2006/02/14/usab4701.pdf

https://www.atsa.com/pdfs/Policy/AReasonedApproach.pdf

https://www.justice.gov/sites/default/files/usao/legacy/2006/02/14/usab4701.pdf

https://www.nap.edu/read/5285/chapter/7

http://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/crimjust_policy_my09101d.authcheckdam.pdf

https://www.gpo.gov/fdsys/granule/USCODE-2011-title18/USCODE-2011-title18-partII-chap223-sec3509

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=7&ved=0ahUKEwj74oL7pcHPAhUEGz4KHY5pBP8QFghKMAY&url=http%3A%2F%2Fwww.americanbar.org%2Fcontent%2Fdam%2Faba%2Fpublishing%2Fcriminal_justice_section_newsletter%2Fcrimjust_juvjust_childvictims.authcheckdam.doc&usg=AFQjCNGWQ7qOzuX3eAfPRCaHwtexTAWEaA&sig2=CDAIKSiGlPuYR-0H6EkIHQ

http://www.ncsl.org/research/civil-and-criminal-justice/principles-of-sentencing-and-corrections-policy.aspx

http://www.csom.org/pubs/managing%20sex%20offenders-%20a%20toolkit%20for%20legislators.pdf

I would also suggest that you learn about a deferred prosecution program being implemented in Dane County Wisconsin that seeks to address disparities, protect children, and improve parenting skills.  You can learn more about the "Deferred Prosecution Child Physical Abuse Initiative" at

https://www.countyofdane.com/da/deferred_prosecution.aspx

Survey data of parents suggest that the actual incidence of child abuse is 10-20 times more common than reported and substantiated abuse in the US (See Theodore et al. 2005 in Pediatrics).  Other data suggest that abusive treatment of children in low and middle income countries is 4-5 times higher than rates in the US (World Report on Violence and Health 2002).  Holding child abusers accountable may be doing less for children than working on parental education and prevention.  The correlation between years of mother's education and the use of harsh punishment in 19 communities around the world was -0.735.

Article Epidemiologic Features of the Physical and Sexual Maltreatme...

Article The world report on violence and health

I will echo Ben's response suggesting that prevention is more important.  We know that rates of harsh physical punishment (abuse) are much higher in low and middle income countries and that the correlation between the use of harsh punishment and years of maternal education is -0.735 in a 19 community study.  AHT is also inversely correlated with maternal education and age. Delayed childbearing (i.e. LARC for teens) and facilitating girl's education are two prevention policies that can pay great dividends in reducing maltreatment. Conversely, prosecution is closing the barn door after the horse has left for AHT as repeat AHT with second or third children after recognition of the first case appears exceedingly rare.

First of all the system is messed up anyway, did you notice if someone sells drugs they get crazy time?  However, someone gets caught raping, sexing whatever they call it, but did you know if they go to jail at most they will spend a month.  And in order for that to happen in had to be some systems. 

Another problem I have with the system mothers get kicked out or run from abuser and the system gives the children to the abuser, why would I want to have my child around someone that was very abusive to me.  And more than likely, it had to run on to them and they wanted to get out of the house for a reason. 

Hi Ben,

I will say this, I only speak of what I know and see from where I am living at.  Abusers especially sexual abusers get slapped on the hand and told not to do it again.  Correction, they doing a new thing now, I have a family member who now is in some kind of prison type housing or hospital.  He spent seven years in prison and now he's awarded to the hospital.  I know another who got away with it.  Ok, you know what now that I am thinking about it.  I am speaking of the ones that didn't get time but I do know another person who spent time in prison because him and this girl was drinking and called the cops and said he raped her. 

I speak on a crooked system because for years I have been trying to get justice for me.  I was kidnapped, that is when someone takes you from one room or home and force you to go to another place. Notice I said by force.  While I was on that land trying to call for help his mother told him to him me and get that phone; which he did. This man admitted to the system what he has done to me, but because I had a lawsuit against them, they allowed a dollar to protect themselves because they were at fault on many levels and they protect him at the same time. I still fight for justice because I know that one day it will happen.  I still have my evidence still in take I have not lost anything.  That is why I say the system is messed up.  He admitted to judges that he has done things to me; attorney's and judge perjuring themselves all because they didn't want this African American from NYS to come in their little town and challenge them on what is going on and why they failed to protect me.