Child Abuse in Criminal Law

Child abuse is a problem which affects every city, county and state in the U.S., and Child Protective Services (CPS) have offices all over the country which accept more than 2 million reports of suspected child abuse each year. Out of those reports, nearly 900,000 children are found to be victims of child abuse each year.

Child abuse can be mental, emotional or physical in nature, and is not always immediately recognizable. Thousands of child abuse instances go unreported each year because very few people are trained in recognizing the subtle signs of child abuse. It is estimated that nearly 60% of child abuse cases involve charges of neglect, which is a consistently increasing problem in families below the poverty line in America.

U.S. courts do not have much sympathy for child abusers, and the penalties can be significant. Parents, especially, who subject their children to child abuse on a daily basis face prison time, fines and the loss of their children. Foster homes and adoption agencies are full of children who have been removed from their homes as a result of the discovery of child abuse.

Professionals – such as teachers, counselors and day care owners – who are in daily contact with many different children are encouraged to watch closely for signs of child abuse. Children who have new bruises and cuts every day invoke an immediate red flag, but children who act out or who seem depressed should also be watched carefully.

Another problem with child abuse is that it is often difficult for either CPS or the courts to draw the fine line between discipline and abuse. At one time, it was expected for parents to spank their children, often with paddles or even sticks. Now, even a light tap on the bottom can send neighbors and family members screaming to CPS. And unfortunately, many cases that are investigated by CPS do not warrant further action even if child abuse is occurring in the home.