Cause-Effect Dynamics in the Social System Towards Child Sexual Abuse – Forensic Approach

ABSTRACT
Child sexual abuse is a global phenomenon since time immemorial. It is a daunting aim for good
governance to ensure the protection of children and to administer justice to victims of sexual assaults.
Due to zillions socio-cultural and economic factors, many of CSA cases remain unreported. During this
study, various facets of CSA have been deliberated to understand law and practice to deal with this
menace. Emphasis is placed on impact analysis during the administration of justice in CSA cases in
India after the enactment of the POCSO Act. Keeping in view that the nature of evidence and legal
doctrines involved in sex crimes having commonalities across the countries using adversarial justice
system, the legal process on various tenets of CSA in other jurisdictions have also been studied to
capture global perspectives and the best practices used for investigation and trial process. Learning from
others’ experience is indeed wisdom for life. Ever since the dawn of civilization, at global landscape,
women and children continued to be the most vulnerable segments of society who suffered from a
bundle of sexual exploitations. Child Sexual Abuse (CSA) encompasses genital penetration,
inappropriate touching, groping and fondling, but most reported cases are those involving penetration
and defilement. CSA has been recognized as a prevailing international problem of great magnitude that
affects children of all generations, ages, sex, ethnicities and socio-economic strata. It entails pressing
human rights issues, public health concerns and poses a sustained challenge to the justice system. Child
abuse tantamount to be a silent emergency both for health and justice; but it often goes unnoticed and
unreported; thereby making children more susceptible to repetitive exploitation and sufferings. Poverty
is the mother of several social evils and CSA is one of such derivatives. Child trafficking further
contemplates various kinds of exploitations including sexual violence, flesh trade and forced marriages.
Worldwide, there are a series of myths and stereotypes associated with CSA, resulting in further
complications. (Cromer & Goldsmith, 2010) No community or jurisdiction so far could evolve any
mechanism to ensure that none of their young ones shall be sexually violated.
Keywords: Child Sexual Abuse (CSA), POCSO Act, Child trafficking and sexual violence