League of Women Voters of Massachusetts

LWVMA

Where We Stand

Content:

Government

LWVMA

WHERE WE STAND

Social Policy: Child Abuse Prevention and Treatment

Goal:
The prevention of child abuse and neglect; the protection and care of children experiencing abuse and neglect. (1991)

The League supports:

a significant role played by government in ensuring meaningful and adequately funded services to children experiencing abuse and neglect, and to their families
programs and policies that emphasize the safety and protection of the child, with family preservation an important, but subordinate goal
a strong focus on child abuse prevention including education programs for both children and adults
an extension of the statutes of limitations for bringing accusations of child abuse
measures to minimize the trauma suffered by children in child abuse proceedings, including the following revisions of standard courtroom procedures:
- scheduling priority given to child abuse cases
- videotape and closed-circuit television testimony of the child permitted in conjunction with procedures to protect the rights of the accused
- limited hearsay exceptions allowed in conjunction with clear judicial guidelines to ensure the reliability of witnesses and preserve the rights of the accused
- measures taken to provide a courtroom atmosphere that is not intimidating to children
- special training for judges and other investigatory and judicial personnel in dealing sensitively with children
development of legislative sentencing guidelines for child abuse perpetrators, with therapy as an integral part of the sentence

League action
LWVM believes that government should play a major role in child abuse prevention, and in the protection and care of children. At the time of the League study, assisting, strengthening and encouraging family life was a central mandate of the state's Department of Social Services, under M.G.L., Ch. 18B. League members reached consensus that, while preservation of family life was an important goal, it was subordinate to the need to ensure the safety and protection of the child.

Consensus reports emphasized the central role of child abuse prevention. They consistently recommended that education about parenting be an integral (if not mandatory) part of the high school curriculum; a few Leagues noted the relevance of education about birth control. A second in-school focus was on helping children from the earliest grades to recognize abuse, protect themselves against it and ask for help.

A number of Leagues felt that hospital maternity wards, childbirth classes, well-baby clinics and visiting nurse services should also be involved in parenting education. They were enthusiastic about foster grandparent programs and respite care, as well as drop-in centers, hot lines, stress-management programs, self-help groups, and other programs for lessening isolation and stress. Many Leagues emphasized the role of volunteers. Funding suggestions included public-private partnerships (such as funding from baby food and diaper companies). The media were viewed as harmful in their glorification of sex and violence, but potentially helpful in illustrating effective parenting and advertising social services.

Leagues expressed great concern for the trauma suffered by children. In recommending that the statutes of limitations be extended, they frequently noted that years of repression may follow abuse, particularly sexual abuse. Some Leagues articulated the principle that the statutes should begin running at the time of remembrance of the act. Others noted that minors may continue living with their abuser and thus be too intimidated to file charges; the statutes should thus allow filing time after the age of maturity.

Leagues were united by concern that children not be further traumatized by the investigation and prosecution. Many wrote approvingly about Middlesex County's pilot project including the use of videotaped testimony for grand juries. They favored team interviewing, professionally trained interviewers, victim advocates and other efforts to reduce the number of interviews for the child.

Safety was a related major concern. Leagues argued that children should not have to share a waiting room with their alleged abuser, nor should a child be forced to return to a home after giving testimony about someone residing there. The point was made by several Leagues that the abuser should be the one removed from the home.

Consensus reports showed concern for testimony accuracy. Leagues grappled with the Massachusetts constitutional provision that the accused be allowed to confront the accuser face-to-face. They did not want to compromise the rights of the accused to a fair trial, and recommended that video-taped and closed-circuit television testimony be accepted in court. Admitting limited hearsay evidence was approved, often with such qualifiers as "cautiously," "carefully," "by professionals," and "not in divorce cases."

No consensus was reached on whether family members who abused should be treated differently from non-family members. Many Leagues argued that the question was confusing. Some noted that every case should be dealt with individually. Others argued that different treatment could include removal of the family member perpetrator from the home and/or the need for more support services to the family. In no case did a League feel that family member abusers should be treated more leniently; in some cases they argued the reverse-that it was a violation of trust and, therefore, the crime was greater.

Leagues were in favor of sentencing guidelines and recommended therapy as part of a sentence. Members were concerned about the variable results of therapy, particularly non-voluntary therapy, as well as with high cost. Many felt that perpetrators ought to pay for their own therapy, in addition to that of the victim, if they are financially able.

In 1991, the League supported legislation to extend the statute of limitations to permit survivors of childhood sexual abuse to bring a civil claim for damages within three years from the time of discovery of the injury and its cause.

Background

1989: LWVM convention approved a two-year study to evaluate the ways the Commonwealth of Massachusetts deals with child abuse. Its scope included a study of the laws relating to child abuse and neglect with an emphasis on physical and sexual abuse; an overview of the delivery of services relating to child abuse by public and private agencies and of measures to increase community awareness; and assessment of the judicial role pertaining to child abuse.
1991: LWVM position on child abuse prevention and treatment was announced

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