The criminal investigation topic is crimes against children. These crimes negatively affect victims’ physical, mental, and emotional wellbeing. Child abuse is also associated with homicide among children. The perpetrators of these crimes include guardians, parents, and close family members. The purpose of this paper is to understand the problem and the laws in Texas concerning such crimes, analyze the investigation process and the response of law enforcement towards child abuse cases, and discuss the impact of the crimes on victims as well as the importance of preventing child abuse. The prevention of crimes against children leads to improvements in the physical, emotional, and cognitive wellbeing of children in society.
Background
Abuse against children is a historical phenomenon affecting almost all cultures and societies in the world; because of this, the topic has become an object of systematic study across the globe. The issue may have been considered taboo in other cultures leading to limited discussions about its cases. However, opinion towards the issue is changing and more communities are willing to openly discuss the topic. Nonetheless, despite many national and multi-national organizations such as the FBI, WHO, and UNICEF's involvement in the gathering of information and addressing the issue, many cases still remain unreported. One out of three victims of child abuse does not report the cases to anyone (PBC, 2019). Many victims who fail to seek assistance fear revenge from the perpetrators, feel ashamed, are confused, distrust the authorities, or have little information concerning how and where to make the reports. Victims of these crimes are children aged 2 to 17 years old (PBC, 2019). Research conducted by the International Center for Missing and Exploited Children (ICMEC) reports that approximately one out of ten children in the United States experiences some form of sexual abuse (PBC, 2019).
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Literature Review
A study by Dong and Krohn (2014) finds that parental delinquency has a lasting effect on children’s behavior. Replacing child abuse with good parenting has a positive impact on the children’s wellbeing and society as a whole. Victims of child abuse are likely to repeat the crimes on their children unless they are educated about the problem or consciously decide to prevent the cycle. The vicious cycle of crime against children can be broken by creating awareness about child abuse in high-risk populations and educating victims about the problem.
A review of the research by Steketee et al. (2019) reveals that more than 500 million children become victims of some form of crime every year in America. Most of the abuse towards children which is in the form of sexual, mental, emotional or physical violence is perpetrated by parents, family members, parents-in-law, and teachers. Sexual crimes against children are mostly committed by family members or individuals close to the family of the victim. With the increase of the use of the internet and other digital platforms, cases of crimes against children have been reported to be on the rise in the form of images and videos of minors.
Examples of Crimes against Children
The Crimes against Children Program prioritizes investigations of child abductions, contact offenses against minors, sexual abuse of children, trafficking of child sexual abuse material, and parental kidnapping (FBI, 2020). The mission of the program is to counter all child abuse threats, recover victims, and strengthen the relationship between states, federal, and international organizations participating in the fight against child exploitation.
Child abductions are cases where children are kidnapped or mysteriously disappear with or without ransom. In such cases, it is crucial to act fast to save the victims. Each abduction case is different and the investigation is conducted by the state, local, or federal authorities depending on the complexity of the case. Sexual exploitation investigations of the minors are mostly conducted by the FBI in collaboration with the Human Trafficking Task Force (FBI, 2020). Contact offenses against children include the production of child sex-abuse materials and any form of travel to engage in sexual activity with minors. Some crimes falling under the sexual exploitation of children include manufacturing, distribution, possession, and online content of child sex abuse. Parental or international parental kidnapping refers to a crime against children where parents wrongfully retain a child in or outside the United States aiming to obstruct the exercise of parental rights of the child.
Texas Law on Crimes against Children
The Texas Family Code and the Texas Penal Code are the two laws that address crimes against children in the state. Definitions of crimes against children are found in the Texas Penal Code Chapters 21, 22, and 25 (Texas Department of Family and Protective Services, 2010). Chapter 21, named Sexual Offenses, covers indecency with a child, improper relationship between educator and student, and other sexual offenses affecting minors. Chapter 22, named Assaultive Offenses, covers injury to a child, endangering or abandoning children, leaving a child in a vehicle, and other assault crimes on children. Chapter 25 of the Texas Penal Code is named Offenses against the Family. It covers interference with child custody, enticing a child, criminal nonsupport, harboring runaway child, violating court orders, sale or purchase of a child, and any form of violence towards family members. Definitions of crimes against children are also found in the Texas Family Code chapter 261 named Investigation and Report of Child Abuse or Neglect (Texas Department of Family and Protective Services, 2010).
Interpretation of the Texas Family Code and the Texas Penal Code concerning crimes against children identifies causing injury to a child as a crime regardless of it being intentional or recklessly. The injury may be bodily harm, mental deficiency, or any other form of impairment to the child. In the jurisdiction, sexually assaulting minors, attempting sexual abuse and aggravated sexual assault is regarded as a crime. Engaging in other sexual offenses with children such as prohibited sexual conduct, or sexual abuse is also regarded as illegal in Texas. An interpretation of the two laws also reveals that child abandonment and failing to provide for the needs of children is considered an offense in Texas. Endangering the health or life of a child as well as leaving a child unattended in the vehicle is also regarded as criminal offenses in Texas. These offenses may be interpreted as criminal offenses or misdemeanors according to the severity of each case. Nonetheless, it is important to take each case seriously because any case of child abuse may lead to injury or worse, death of the victim.
How to Recognize Victims
One may recognize victims of abuse by identifying indicators of the types of child abuse which are physical assault, neglect, sexual, and emotional abuse (Texas Department of Family and Protective Services, 2010). Physical abuse which results in injury, fracture, or death is caused by violence towards children. Some of the indicators of this type of abuse are bruises, burns, scars, black eyes, and cuts on the bodies of victims. Children experiencing physical abuse tend to show no reaction to physical pain and are often aggressive. Other behaviors of children experiencing physical abuse are wearing clothes abnormally to conceal bruises and the fear of going home. Neglect, with the exception of families unable to provide for children's needs due to financial circumstances, is prohibited. Indicators of this type of child abuse include malnourishment of the victims, lack of clothing for the victims, lack of medical attention when needed, and frequent absence in school. Indicators of sexual abuse among children include signs of STD, injuries in the private areas of the victims, difficulty walking or sitting, teenage pregnancy, being paranoid when left with adults, knowledge about sex, and sexual victimization of fellow children. Emotional and mental abuse is another type of child abuse. Although many reports under this type of child abuse may be interpreted as misdemeanors, emotional and mental abuse of children has far-reaching consequences on their development and functioning. Indicators of emotional and mental abuse include compliance, low self-esteem, depression, anxiety, aggression, mental illnesses, isolation, slow cognitive development, and bullying of other children.
Impact of Crimes against Children
Effects of child abuse may vary from medical and psychological impacts, cognitive and intellectual problems, psychosocial issues, to behavioral problems (Steketee et al., 2019). Violence against children is known as one of the main causes of death among children. Homicide with the use of weapons such as guns and knives is one of the leading causes of death for teenage boys (Dong & Krohn, 2014). Severe injury of victims is another impact of violence on victims of child abuse perpetrated by their parents and guardians. Injuries are related to homicide cases, for every death, there are many cases of injuries especially among male children. Crimes against children can also lead to impairment of the brain and the nervous system development (Steketee et al., 2019). Slow brain development and damage to certain parts of the nervous system are associated with exposure to violence at an early age. These problems may affect the victims in their adulthood or throughout their lives. Therefore, crimes against children can lead to problems with cognition and brain development leading to poor performance in education and vocational underachievement.
Crime against children also causes risky behaviors among the victims. The stress, guilt, and withdrawing behaviors among abuse victims may lead to risky coping behaviors such as risky sexual conduct, promiscuity, drugs and alcohol abuse, smoking, suicide, depression, anxiety, bullying, violence, and many other risky behaviors. According to Steketee et al. (2019), a higher number of victims of child abuse engage in some of the above listed risky behaviors compared to those who are not victims of abuse. Sexual crimes against minors lead to unwanted pregnancies and the transmission of STDs. Other negative impacts of sexual crimes against children include induced abortions and dropping out of school especially for female victims. Overall, crimes against children impact the development of future generations thereby negatively impacting society. Children who experience these crimes often have hard times finding and maintaining jobs, and surfer from self-inflicted or interpersonal violence. Therefore, it is crucial to pay special attention to the subject of crime against children to protect the children, who are the future generations, and society as a whole.
Importance of Preventing Child Maltreatment
Preventing crimes against children may have a positive impact on the children’s health, may reduce costs of treatment and rehabilitation for the victims, and also contribute to the safety and prosperity of the community. By identifying and preventing violence among children, many innocent lives are saved. The wellbeing of the children is also promoted because many injuries are prevented before they can happen. According to the Texas Department of Family and Protective Services (2010), millions of dollars are spent annually on the treatment and rehabilitation of child abuse victims. By preventing such cases, this money can be used on other projects such as education and the development of children and youth in the US. Preventing child maltreatment also contributed to the normal growth and development of children's cognitive and vocational capabilities. This contributes to good academic achievement among children.
According to Dong and Krohn (2014), victims of child abuse have a high chance of reflecting their experiences on their children. By creating awareness about the issue and preventing child maltreatment, this cycle may be broken, thereby creating safe environments for future generations. By practicing these important preventive measures, a compassionate society with high esteem for the wellbeing of the children is created.
Child Abuse Punishment
In criminal investigations and justice systems, crimes against children are regarded as heinous crimes because they involve harming one of the most vulnerable populations in society. This attitude is reflected in the punishment and sentencing of child abusers. As stated earlier, some offenses under this subject may also be classified as misdemeanors depending on the severity of the offense committed. For instance, an offender guilty of neglecting a child may receive a less severe sentence compared to one guilty of physical or sexual assault. Some of the cases involving custody and neglect of children tend to be complex especially between estranged parents. Numerous families use alternative dispute resolutions such as mediation, arbitration, and facilitation. On the other hand, more serious cases of child abuse may include felonies ranging from a few months to 99 years sentences (“Penalties for Child Abuse Crimes in Texas,” n.d.). Other punishments depending on the severity of different cases include registering as a lifetime child sexual offender, termination of the right to become a parent, criminal record, supervised interaction with children, fines, and involvement agencies that protect children.
Response and Investigation of Crimes against Children
The FBI in collaboration with state and local authorities collaborate in investigating crimes against children depending on the jurisdiction and complexity of each case (FBI, 2020). The main mission of the Texas and federal authorities is to counter all child abuse threats, recover victims, and strengthen the relationship between states, federal, and international organizations participating in the fight against child exploitation. On the international level, INTERPOL helps police identify and recover victims of child abuse. Since crime against children is a community problem, multiple agencies are called to cooperate to effectively intervene and prevent future cases of child abuse. In response to these cases, doctors, therapists, social workers, police, and attorneys are involved. The role of the police in such cases is to investigate whether a violation of the law occurred, identify the perpetrators, and apprehend them (Department of Justice, n.d.). The response of law enforcement in crimes against children must be consistent and effective; to achieve this, training and experience are required for law enforcers undertaking these responsibilities. The training should focus on conducting interviews of victims and interrogating suspected perpetrators. Moreover, Texas law enforcement should develop policies and procedures for investigating crimes against children. This may help in guiding the decision-making process and improve offices’ judgments. In the intervention for the victims, the first step is to get the children in a safer environment away from the abusers. After the intervention by law enforcement, doctors, therapists, social workers, teachers, and supportive family members help the victims in their recovery processes through counseling (Dong & Krohn, 2014).
How to Prevent Future Cases
The main challenge that police and prosecutors face in identifying crimes against children is victims’ refusal to report their abuser due to fear of revenge from the perpetrators. This can be countered by creating awareness of the apprehension process, creating a safe space where victims may report the cases, and ensuring witness protection programs for those who report and witness against the offenders (FBI, 2020). Other preventive measures as recommended by the World Health Organization are implementation and enforcement of laws against child abuse, encouraging values in society, creating safe environments, economic strengthening of families at risk of child abuse, creating awareness and education, and developing effective response services to such cases.
Conclusion
Preventing crimes against children has a positive impact on the children’s health, reduce costs of treatment and rehabilitation for the victims, and also contribute to the safety and prosperity of the community. By practicing the preventive measures recommended by the World Health Organization, a compassionate society with high esteem for the wellbeing of the children would be created. In addition to these preventive measures, the law enforcement officers undertaking these responsibilities should be experienced and well trained; this will make the operations consistent and effective. The creation of awareness about child abuse to families and children at risk also help to prevent more cases and also increase the possibilities of apprehending the offenders. Identifying victims of child abuse from their behavior and characteristics also help society recognize and bring to safety those experiencing maltreatment. All these preventive measures along with the law’s prohibition and apprehension of crimes against children make society safer for children.
References
Department of Justice. Law Enforcement Response to Child Abuse. Retrieved 5 December 2020, from.
Dong, B., & Krohn, M. (2014). Exploring Intergenerational Discontinuity in Problem Behavior. Youth Violence and Justice , 13 (2), 99-122. https://doi.org/10.1177/1541204014527119
FBI. (2020). Crimes Against Children/Online Predators | Federal Bureau of Investigation . Federal Bureau of Investigation. https://www.fbi.gov/investigate/violent-crime/cac
PBC. (2019). A Look at Child Abuse on the Global Level . www.pbc2019.org. https://www.pbc 2019.org/protection-of-minors/child-abuse-on-the-global-level
Penalties for Child Abuse Crimes in Texas . Dunhamlaw.com. https://www.dunhamlaw.com/ child-abuse-or-neglect/
Steketee, M., Aussems, C., & Marshall, I. (2019). Exploring the Impact of Child Maltreatment and Interparental Violence on Violent Delinquency in an International Sample. Journal of Interpersonal Violence , 088626051882329. https://doi.org/10.1177/0886260518823291
Texas Department of Family and Protective Services. (2010). “How to Recognize Child Abuse” through “Suspect Emotional Abuse when you see” . http://www.dfps.state.tx.us/itsupto you/recognize.asp
