Definition

The law states that a child is not in a position to give consent to sexual activity. Child sexual abuse occurs when a child is used for sexual purposes by an adult or adolescent. It involves exposing a child to any sexual activity or behaviour. Examples include where a child is encouraged, coerced, forced or enticed into such acts as sexual molestation, fondling, sexual intercourse, fellatio, cunnilingus, exhibitionism, or any form of sexual exploitation such as juvenile prostitution or pornography.

Child sexual abuse/assault includes the following situations:

1. Anyone having sexual contact with someone under 14 years old.

"Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction. Where an accused is charged with an offense in respect of a complainant under the age of fourteen years, it is not a defense that the complainant consented to the activity that forms the subject matter of the charge¹."

2. The child is under 14 years of age with the assailant more than two years older².

3. The child is under 14 years of age with less than two years between them, but the older person is in a position of trust or dependency, for example a babysitter³.

4. The child is under 18 years of age and the older person is in a position of trust or authority⁴.

"Every person who is in a position of trust or authority towards a young person or is a person with whom the young person or is in a relationship of dependency and who

(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person, or

(b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person⁵."

5. "Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person. In this section, "brother" and "sister", respectively, include half-brother and half-sister⁶."

Who Are The Victims?

Sexual abuse is inherently emotionally abusive and is often accompanied by other forms of mistreatment. It is a betrayal of trust and an abuse of power over the child.

• Victims of child sexual abuse are found in all classes and ethno cultural communities. Children who have physical or mental disabilities are especially vulnerable to sexual abuse.
• Children who are isolated from others are at greater risk of being sexually abused. These children have little contact with friends, brothers and sisters or adults whom they can trust. Some abusers take advantage of a child who is already isolated. Other abusers manage to isolate the child by manipulating people or situations.
• Children are often afraid to report the abuse. They fear the consequences of disclosing information and are often convinced that no one will believe them. They often blame themselves for the abuse and fear retaliation from the abuser if they tell. Very young children are often unable to articulate or understand their experiences, making it difficult for them to disclose what is happening.

Possible Health Effects

Possible health effects include, but are not limited to:

• Immediate injuries
• Sexually transmitted infections
• Chronic abdominal or pelvic pain
• Irritable bowel syndrome
• Menstrual irregularities
• Behaviour problems, interpersonal difficulties
• Post Traumatic Stress Disorder
• Suicide attempts, addictions

Statistics

Child sexual abuse is largely a hidden crime, so it is difficult to estimate the number of people who are sexually abused at some time during their childhood. Both adults and children may be reluctant to report sexual abuse for many reasons. If the abuser is someone close to them such as a parent, relative or babysitter, they may be deterred by the likelihood that criminal charges and penalties may be imposed. They may be reluctant to tell anyone because of a sense of shame, or fear. The fact that the victims are young and dependent also tends to be a major obstacle to disclosure.

The report by the Badgley Commission ⁷, 1984 estimated that 1 in 4 girls and 1 in 10 boys would be sexually abused before they reached the age of 18. In over 75% of the cases, the abuser is a family member or someone well known to the child.

What You Can Do If You Suspect Child Sexual Abuse?

• If you suspect a child or adolescent (under the age of 16) is being sexually abused, you have a duty to report your suspicions to a children's protection service such as the Children's Aid Society
• Educate yourself about signs and symptoms of sexual abuse. Keep in mind that not all indicators necessarily signify abuse
• If a child discloses an incident of sexual abuse, it is important to listen to the child, assure the child that you believe him or her, and report the disclosure once you have assured the child that it is not her or his fault

Contact your local support services for assistance

- child welfare agency
- police
- hospital
- mental health centre
- sexual assault centre
- transition home
- distress centre
- other community service organization that provides counselling to children and families.

Many of these organizations are listed among the emergency telephone numbers on or near the first page of your local telephone directory.

Links

If you would like more information please visit the following website:

Fact Sheet 5, Province of Nova Scotia
http://www.gov.ns.ca/coms/files/facts5.asp

American Academy of Pediatrics, Child Abuse and Neglect
http://www.aap.org/sections/scan/policy.htm

The National Children's Advocacy Center
http://www.nationalcac.org/

¹ Department of Justice Canada. (2003, December). Part V, Sexual offences, public morals and disorderly conduct. [http://laws.justice.gc.ca/en/C-46/41976.html].

² Community Legal Education Ontario. (2001, July). Sex, young people and the law. Toronto. Ontario. http://www.cleo.on.ca.

³ Ibid.

⁴ Ibid.

⁵ Ibid. Department of Justice Canada. (2003, December).

⁶ Ibid.

⁷ Badgley Commission. (1984)Canadian Study.