SEEN BUT NOT HEARD: CHILD SEXUAL ABUSE, INCEST, AND THE LAW IN THE UNITED STATES

Abstract

Ashley Morgan's monologue Full Circle explores the difficult subject of child sexual abuse. In 2005 alone, over 83,000 children were confirmed victims of sexual abuse in the United States. This number is staggering. Even more shocking is a 1994 retrospective survey of adults, which suggests that the number of confirmed sexual abuse victims is extremely understated. The survey estimated that at least twenty percent of American women and five to ten percent of American men experienced some form of sexual abuse as children. More alarming than the number of children who are victims of child sexual abuse is understanding who is responsible for the abuse; most children are abused by someone they know and trust, and very often the perpetrators are family members. This Note will discuss child sexual abuse and related law in the United States. It will then consider some definitional controversies that arise within child sexual abuse statutes. Next, it will examine the problem of prosecuting child sexual abuse cases and explore Children's Advocacy Centers as one solution to the prosecution problem. Finally, it will address incest loopholes that prevent convicted intrafamilial offenders from receiving the maximum punishment allowed by law.