What to Do if You Suspect Sexual Abuse of a Child – Michigan Law

What to do if you suspect sexual abuse of a child? You are separated. You are the parents of a child. You overhear a child allegedly suffered abuse under your supervision. Exercise extreme caution. You are observing or learning about a potential crime. You should call the cops. Perhaps Child Protective Services rather than the police. Both have an impact on what will follow.

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Your attorney must advise you. Recognize what you’re about to do. It’s possible that you share a residence with the partner you’re blaming. If the child has been abused, you can be asked to leave. Your child might be removed. You’re unprepared for that. There will be a CPS case for your child. If this is taking place, you must immediately contact your attorney.

 

Sexual abuse is always with someone you know. What do you mean by sexual abuse of a child?

The people who abuse children appear and behave like everyone else. Sexual abuse is most often by someone the child knows. Sexual contact with a child is child sexual abuse or molestation.

They can be in churches, schools, and youth sports groups. Abusers can be close friends, relatives, or neighbors. Abuse can happen in families, schools, churches, recreation centers, youth, and sports organizations. It can happen in any setting where children congregate. It can all harbor perpetrators of child sexual abuse.

The fact that abusers can be and frequently are other children is significant.

90% of kids who experience sexual assault know the perpetrator. 10% of children sexually molested are victimized by a stranger. 30% of children who experience sexual abuse are victimized by family members.

The victim’s age affects how probable a family member the abuser is to be. 50% of those who abused a child under six were related to the victim. 23% of those who abused children between the ages of 12 and 17 were also family members. Around 60% of sexual abusers who are adults target children. They are persons the family knows and trusts. Instances of sexual abuse against children include:

[ a ] Stroking or fondling of a child’s private parts for sexual purposes.

[ b ] Putting items or body parts inside a child’s mouth, anus, or vagina for unnecessary reasons or sexual gratification.

[ c ] Exposing or showing oneself inappropriately to a child.

[ d ] Having sex with a child. Masturbating or coercing a child into masturbating.

[ e ] Taking a sexual photo of a child.

[ f ] Exposing a child to porn.

[ g ] Observing a child change into new clothes or use the restroom without the child’s consent.

[ h ] Using a computer, a phone, or other social media to approach a minor for sexual purposes.

The term sexual abuse of a child may not apply to all instances of sexual exploitation or molestation of children. Maryland has a more detailed definition of sexual abuse of a minor. Sexual abuse of a minor in sexual molestation or exploitation instances denotes that the perpetrator had a special relationship with the victim.

 

What signs to watch out for sexual abuse?

Child sexual abuse gives out warning indicators. Indicators of sexual abuse can vary greatly from child to child. They could appear right away or much later in the child’s life. These symptoms might be classified as emotional, behavioral, or physical symptoms. The warning indications for each of these groups are listed below.

 

Physical indicators:

[ a ] Bloody diapers and underwear

[ b ] Torn undergarments

[ c ] Genital bruising, edema, or irritability

[ d ] Urinary infections or yeast infections

[ e ] Difficulty urinating or bowel movement

[ f ] Having trouble sitting or standing

[ g ] Genital ache, itchiness, or burning

[ h ] HIV/AIDS, a sexually transmitted disease (STI)

[ i ] Pregnancy

 

Emotional indicators:

[ a ] Shame\Guilt

[ b ] Distrustful

[ c ] Powerlessness

[ d ] Hopelessness

[ e ] Feeling unworthy

[ f ] Anger

[ g ] Both anxiety and depression

[ h ] Low self-esteem

[ i ] A sense of not being good enough

 

Behavioral indicators:

[ a ] Acting suddenly younger than their years (e.g. bed wetting, thumb sucking, etc.)

[ b ] Nightmares or night terrors

[ c ] Expressing or acting in a sexual manner that seems out of age

[ d ] Sensitivity to touch

[ e ] Becoming a parent figure or being watchful of young children

[ f ] Changes in hygiene (teeth cleaning, bathing, etc.). Changes in fashion choices (e.g. not wanting to take a bath or desire to wear very loose clothing.)

[ g ] Easily frightens

[ h ] Intense fears

[ i ] PTSD symptoms (anxiety, impatience, inability to concentrate)

[ j ] School changes (aggressive or timid behavior, skipping school, frequently feeling too sick to go to school or grades begin to drop)

[ k ] Fleeing from home

[ l ] Self-harm (cutting, burning) (cutting, burning)

[ m ] Shame surrounding periods or puberty

[ n ] Avoiding specific individuals or locations

[ o ] Predilection to suicide particularly among teenagers

[ p ] Excessive effort/accomplishment (e.g. fixation with performance in class, in athletics, or both.)

These “signs” may not necessarily say that a child has experienced sexual abuse. It’s crucial to check for any patterns that can point to a child being sexually abused.

Children give hints of abuse. They share clues you need to pick up. Children share details to gauge your response. It could be as basic as “This individual is nasty” or “I don’t like going to this person’s house.” Pay attention to remarks like this and enquire further from the child. Children will occasionally inform us that something is wrong with their actions. Knowing the warning signs and how to keep the child safe is important. If a child confides in you that they have been abused, get professional assistance. Learn how to react in a way that is therapeutic and beneficial to the child.

 

You suspect sexual abuse. What can you do?

Talk to your spouse before reporting anything. It can be a misunderstanding. It could be a heightened level of vigilance. Reporting child sexual abuse will trigger a series of police and legal action. This is similar to reporting domestic violence.

Calling 911 can be prudent if imminent danger is present after the discovery of sexual abuse. You know the alleged perpetrator. You alone can gauge the level of risk your spouse poses to you and your child. Talking to your spouse can be a better alternative if you don’t see your spouse as a dangerous person.

Talking to your attorney is also a logical option to weigh the implication of reporting. Reporting sexual abuse takes the whole matter off your hands. It will be in the hands of authorities like the police or Child Protective Services (CPS). You have no control over what will unfold.

The majority of CPS’s demands cannot be forced upon you because it lacks the authority to do so. Your case has not officially started yet. Working with CPS is often good for you. This includes responding to inquiries and offering evidence to support claims. CPS can investigate your household. They can also plan suggested services for you to take part in them.

CPS can tell you to keep your children away from the person who is allegedly abusing them. CPS cannot evict the suspected abusive parent if the parent is already in your home. You run the danger of being seen as uncooperative if you ignore CPS’s requests.

Any parenting time order remains in force until a new one is entered. This will remain so regardless of what CPS requests you do. You can request a new parenting time schedule from the court. It can be granted according to CPS recommendation.

 

You report sexual abuse of a child. What happens then?

Anyone can submit a report to CPS or the police. Even a child who has a good reason to believe a child is being mistreated or neglected. An impartial individual can have the same experience. Anyone hearing the same information can have the same legitimate suspicions.

Certain people are required to report any plausible allegation of child abuse. This is mandatory for them due to the nature of their professions. Teachers, social workers, and physicians are among the “mandatory reporters” in this category. The identity of the person reporting will often remain private.

CPS has 24 hours to investigate or reject the complaint if it believes it is unjustified. CPS can notify the police of very serious incidents. These are instances involving sexual abuse or a child’s death.

CPS investigation determines whether your child has ever experienced abuse. A CPS investigator will get in touch with the subject of the report. CPS informs them of the complaint. The CPS investigator may speak with your child. They will talk to you, the other parent, and other members of your child’s household. Any other person CPS believes may have relevant information may also be contacted. Your house may be visited during a CPS investigation. Records like police, medical, or school reports may be examined. The investigation must be finished by CPS in 30 days.

Children can be taken from their homes during an investigation. Children can only be taken from their homes by CPS with a judge’s approval. CPS can take children away. It places them in foster care or temporarily with the other parent. A relative could provide foster care.

The police can take a child from their home without a warrant. A doctor can keep the child. The hospital has the right to refuse to let them go with their parents. This is in a situation where they feel the child is still in danger. The hospital has the authority to confine the child without a court order. It is only temporary and limited in scope.

The police and CPS can conduct separate investigations. CPS can move for termination of parental rights and removal of the child. Police can proceed to prosecution.

You sexually abused a child. A child under 13. This is a first-degree criminal sexual act or first-degree child abuse. This is a felony with a life sentence. Sexual interaction with a child under the age of 13 is punishable by up to 15 years in prison. This also includes lifetime electronic monitoring. Sexual penetration of a child between the ages of 13 and 15 can be subject to hefty fines and a lengthy prison term. These are 1st, 2nd, 3rd, and 4th degree felonies. These sex crimes carry the possibility of registration as a sex offender. The felon’s record will be entered in the Michigan Sex Offender Registry.

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