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  1. #1

    Default How to Protect a Preschooler from Sexual Abuse

    My question involves child abuse or neglect in the State of: Louisiana

    This is one of the most serious areas of deficiency in our legal system - protection of the very young from sexual abuse - - - A single mother realizes that her 2 year old child has been sexually abused during an agreed to unsupervised overnight visitation with the father. The child begins exhibiting extreme sexual 'acting out' behaviors and expresses verbally on many occasions that these are things she does for 'poppa'. This continues over the course of a year and the child is now 3 years old and continues to sporadically display these behaviors and verbal expressions including to imply that her fingers would be cut off if she did not keep it a secret from her mother.

    The Audrey Hepburn CARE center has recently provide a report after interviews with the child that overnight visitations should not resume until after the DCFS review has been completed, which will be in mid-September. The DCFS therapist has told the mother verbally that the report will include that the therapist does believe sexual abuse has occurred. Meanwhile the presiding family court judge (Amacker) has ordered that the mother comply with the father's lawyers request that unsupervised overnight visitation resume on this Friday Sept. 1, 2017.

    The mother's lawyer who has limited experience in such unique and difficult areas only tells the mother to not express her concerns because she will be accused of false allegations and possibly lose custody of her child and to just do whatever the judge says, in effect to hand the child over for 2 days of unsupervised overnight visitation, in the same situation where the child clearly suffered sexual abuse 1 year ago.

    The first question is - in this situation is it not in the mother's best interest to refuse to comply with the court order in order to protect the child from further abuse, and how to do this in the most strategic and advantageous way. The second question is, when is it time for a mother in this situation to 'go public' and make the rightful accusations against the abuser even facing the risk that it could be used against her.

  2. #2
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    Default Re: How Do You Protect 3 Year Old Victims of Sexual Abuse

    Going "public" could result in serious ramifications for the party spreading what could very well be libelous/slanderous actions. The result could be a costly civil suit and maybe even loss of the child.

    Mom may think she "realizes" that sexual abuse has occurred, but it is really only a suspicion. There can be many reasons for the observed behaviors and statements, and in all honesty, accusations of child abuse in contested custody cases are rather common - and, most often, unfounded. Such extreme pedophilia is exceedingly rare. And, conducted by a biological parent, even less likely. If there are other children or adults in dad's home, their actions (movies, sexual activity, talk, books, images, etc.) might help explain some of what is seen or heard from the child. Further, it might be possible that another child in the home is acting out with the 2-3 year old.

    This CARE center can only offer suggestions, and, absent a court order, even DCFS's recommendations cannot override a judge's order. If you refuse to turn the child over per the judge's order, you might find yourself in contempt of court. This could result in your arrest at the very least, and could be used against you in a subsequent custody or visitation hearing at the best. Publicly declaring dad to be a pedophile is a bell you cannot un-ring, and absent PROOF, he could have strong grounds for a civil suit and added grounds to remove the child from your care.

    Work with your attorney, but consider your options very carefully.

  3. #3
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    Default Re: How to Protect a Preschooler from Sexual Abuse

    Quote Quoting Seeking answers
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    My question involves child abuse or neglect in the State of: Louisiana

    The first question is - in this situation is it not in the mother's best interest to refuse to comply with the court order in order to protect the child from further abuse, and how to do this in the most strategic and advantageous way. The second question is, when is it time for a mother in this situation to 'go public' and make the rightful accusations against the abuser even facing the risk that it could be used against her.
    No. It is not in the mother's best interest. That would be contempt of court, and is never a good idea. If a change is warranted then an ex parte hearing for a temporary order would be the right avenue. The report from the therapist indicates that there is a lack of evidence that the abuse occurred. This is a big red flag that mom is possibly barking up the wrong tree.

    The lawyer is right. This is a very serious allegation, and a false accusation could result in mom losing the child entirely.

    Going public would be a terrible idea because it is slander if proven false, and the child will be "outed" as a victim. This could also affect the mom's custody since the courts would wonder why the mom would be so callous about her own daughter's privacy.

    If there really is abuse, then take the child to the hospital to get a rape exam done. That will prove if she has been harmed.

  4. #4
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    Default Re: How to Protect a Preschooler from Sexual Abuse

    A clarification ... a "rape" exam, most often known by other terms, rarely can prove or disprove sexual assault by itself. What it CAN do is provide evidence that can determine whether conditions are consistent with a particular form of assault. By itself, the exam does not PROVE anything. Not to mention that such an exam on such a young child would likely be physically and emotionally devastating. Though, no examiner would conduct such an exam when the alleged offense was more than 72 hours old at the latest!

  5. #5
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    Default Re: How to Protect a Preschooler from Sexual Abuse

    Thank you cdwjava. I assumed a child would be sedated before that type of exam was conducted. Seems like pediatricians would have a methodology for these types of procedures, since small children have other problems occasionally with reproductive organs.

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    Default Re: How to Protect a Preschooler from Sexual Abuse

    I have never known sedation to be done - likely too great a medical risk. However, it is rare that a SART exam will be done on someone so young in the first place, unless there is already evidence of abuse AND the parent(s) approve of it. The exam can be traumatizing enough for adults ... a toddler?

  7. #7
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    Default Re: How to Protect a Preschooler from Sexual Abuse

    If a vaginal or anal sexual act occurred severe enough for a rape exam there would be physical damage that required immediate medical attention. Rape kits are not of any use if time has passed or the child has bathed.

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    Default Re: How to Protect a Preschooler from Sexual Abuse

    Quote Quoting Mercy&Grace
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    If a vaginal or anal sexual act occurred severe enough for a rape exam there would be physical damage that required immediate medical attention. Rape kits are not of any use if time has passed or the child has bathed.
    Not always ... MOST accusations do not include such clear examples of trauma. However, MOST allegations at such a young age are false (not necessarily malicious, but simply wrong).

  9. #9
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    Default Re: How to Protect a Preschooler from Sexual Abuse

    Quote Quoting cdwjava
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    Not always ... MOST accusations do not include such clear examples of trauma. However, MOST allegations at such a young age are false (not necessarily malicious, but simply wrong).
    cdwjava, as always you are correct. I think our current weather situation is causing me to over think everything.

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