Victims of Violence - Child Physical Abuse

"Child abuse thrives in the shadows of privacy and secrecy. It lives by inattention."

INTRODUCTION

"The two-year-old child lies frail and immobile in her crib as if fearfully searching the world for the next violent blow. Her body - shoulders, back, arms, legs, chin, cheekbones - is a mosaic of angry bruises and scars, her sunken buttocks are laced with cigarette burns. The child cannot or will not speak, and her response to a gesture of open-armed tenderness is panic - an empty, tearless and agonizing scream.

Another child, only seven, but appearing ancient, has become a grotesque satire of youth - the product of chronic abuse and mutilation by his elders. His feet are crushed, his shoulders bent out of shape, his head held at a tilt, the result of repeated insult to the brain. As he walks alone in the busy market, he excites the curious gaze and revulsion of passerby."

This excerpt, taken from J. Segal's "A Child's Journey," portrays the horrors that are a day to day reality for too many children. These victims live in constant fear and often feel they have no one to turn to because the perpetrators are most often in a position to care for the child. Many children, like the two year-old mentioned in the above scenario, are just too young to be able to find or ask for help. Instead, they are forced to suffer in silence as their innocence is stolen. This epidemic is now formally recognized as Child Physical Abuse. It is a serious problem and prevention must be enforced in order to break the vicious cycle of violence that it creates. Physical abuse can be transferred from one generation to the next. Victims of abuse often adopt certain risk behaviours, including drug and alcohol abuse and involvement in criminal activity as a result of the torment they had to endure. It is a problem that society must work towards eliminating.

DEFINITION

Physical abuse consists of any intentional form of injury or harm inflicted on a child by a person caring for that child. Beating, burning or wounding, using a closed fist or instrument, kicking, throwing or shaking a child, all constitute as physical abuse. Corporal punishment that injures the child to the point where medical attention is required is outside the limits of normal corrective discipline.

HISTORY

Even though child protection agencies were established in the early part of this century and child protection legislation has been enacted in each province, it has only been formally legalized within the past thirty years. In fact, there was a time when children did not receive any protection from the law. The legal system of ancient Rome gave the father complete authority over his children. This included the right to sell his children into slavery and even put them to death. The English common law introduced the parental right of reasonable chastisement, which allowed parents to subject their children to harsh discipline, as well as the ability to sell them into apprenticeship.

Throughout the Middle Ages, childhood was not recognized as a special time where certain needs of the child had to be met. Instead children were treated like miniature adults. The criminal law eventually made it an offence to kill or maim a child, however it was not a law that was consistently enforced. Because of this, children were still being injured by their parents or guardians. The nineteenth century brought about many reforms in the area of child protection. Private Children's Aid Societies were opened up across various Canadian municipalities and they assisted abused and/or abandoned children. In 1893, the Ontario legislature enacted The Children's Protection Act, which gave children's aid societies the right to remove abused children from the danger source and to become their legal guardians.

The last forty years have witnessed significant developments in child protection. In the 1960's the battered child syndrome was identified. Before that time, doctors would only suspect child physical abuse if there was a witness to the abuse, or upon the child's admonition. By formally identifying the problem, knowledge and awareness of its occurrence led to changes requiring professionals and members of the public to report suspected cases of abuse. Child abuse registries were established to keep track of abusers and abused children, and also to facilitate research in this area. This growing awareness led to an increased number of cases being reported.

THE CURRENT SITUATION

There is no doubt that child protection legislation has progressed significantly over the years. However, there are still too many cases of physical abuse that appear to be slipping through the cracks. All entities involved in child protection, like doctors, social workers and the judicial system, must take cases of physical abuse seriously. The following cases demonstrate some of the areas that desperately require improvements:

- In Ottawa, Samantha Boan, a twenty-three month old child was beaten to death on August 22, 1996. The man charged was her mother's live-in boyfriend. The mother left her daughter alone with this person, even though the child had been badly injured on two prior occasions under the same person's supervision. In the first incident, Samantha was taken to the hospital suffering from injuries to her nose and mouth, after allegedly falling from her crib. In the second incident, the child sustained injuries around the vaginal area after the boyfriend apparently dropped her on the crib railing with her legs spread. Unfortunately, in our society, we cannot afford to ignore "red flag" signals like the above mentioned. To do so, is at the expense of the lives of our children.

- Matthew Vaudreuil, age five, was killed in Fort St. John, B.C., by his own mother. Matthew only weighed 36 pounds, was covered in bruises, had rope burns on his shoulders and wrists, a fractured arm and 11 fractured ribs. This is an obvious case of severe physical abuse, so how did it go by unnoticed? Ironically enough, it did not. Matthew had been monitored by 21 social workers. He had been the subject of 60 reports of neglect and abuse. He had been taken to a doctor or an emergency room 88 times. He was surrounded by all of these health care professionals who could have helped him and should have helped him, and yet failed to protect him. Irresponsibility within these systems should not be tolerated.

- In Cobourg, Ont., the boyfriend of a mother of two was convicted of kicking her 3-year old boy in the stomach. The evidence came from the victim's 7-year old brother who witnessed the attack on April 24, 1993. The kicks ruptured the toddler's liver and pancreas, but he also suffered permanent brain damage that has crippled him physically and mentally as a result. He cannot walk or talk and has lost his vision in one eye. The defendant was sentenced to a mere two years less a day in jail.

IDENTIFYING PHYSICAL ABUSE

Being able to recognize the signs of physical abuse is the first step towards its elimination. As a society, we have to start paying more attention to the acts of violence against children that we witness, or suspect to be occurring. The following list depicts some of the physical signs that may indicate that physical abuse is occurring:

Bruises

On the posterior side of the body
On the face, lips or mouth
In clusters that form regular patterns, or reflect the shape of the instrument used to inflict them (e.g., electrical cord, board, belt buckle)
On an infant, usually on the face
Human bite marks

Burns

Immersion or wet burns, such as "stocking burns" or doughnut shaped burns on the buttocks
Cigarette or cigar burns, especially on the palms of hands, soles of feet, or genitals
Rope burns, possibly from confinement
Patterned or dry burns which show a clearly defined mark such as those caused by an iron

Lacerations and Abrasions

On lips, eyes, or any portion of an infant's face
Of gum tissue, caused by forced feeding
On external genitals
On back of arms, legs, torso

Missing or Loose Teeth

Teeth are missing or loose too early in the child's development
Skeletal Injuries (Medical Diagnosis)
Metaphysical or corner fractures of long bones, caused by twisting or pulling
Epiphysical separation - separation of the growth centre at the end of the bone from the rest of the shaft, caused by twisting or pulling
Periosteal elevation - detachment of periosteum from shaft of bone with associated hemorrhaging periosteum and shaft
Spiral fractures
Stiff, swollen, enlarged joints

Head Injuries

Absence of hair
Hemorrhaging beneath scalp, caused by pulling hair
Subdural hematomas, caused by hitting or shaking
Retinal haemorrhages or detachment, caused by shaking
Nasal, skull, or jaw fracture

Internal Injuries (Medical Diagnosis)

Duodenal or jejunal hematomas, caused by hitting or kicking
Rupture of inferior vena cava
Peritonitis, which can be caused by hitting or kicking
Constant vomiting

Behavioural Indicators of Physical Abuse

Overly compliant, passive - fearful of physical contact
Sporadic temper tantrums
Craves attention
Wears long sleeves or other concealing clothing even in hot weather
Reports injury by a parent or caregiver
Appears frightened of parent(s) or caregiver
Demonstrates extremes in behaviour - overly aggressive or very withdrawn
Inappropriate neatness while playing or eating
Unable to offer reasonable explanation for injury
Lack of distress at being separated from parent(s) or caregiver
Is often sleepy in class
Arrives early for school, stays late
Complains that physical activity causes pain or discomfort
Excessive school absence and/or tardiness
Overly cautious, lacks curiosity

CHARACTERISTICS OF THE PERPETRATOR AND THE VICTIM

Child physical abuse can occur in any family - it knows no cultural or social status boundaries. All parents have the potential to be abusive, and anyone can end up being a victim of abuse. However, there are certain characteristics and behaviour patterns that have been exhibited by abusive parents. Similarly, there are characteristics that increase the child's susceptibility of being abused (e.g., special needs children and adopted children tend to be more vulnerable). The following is a list of the factors associated with some abusive parents:

Misuse of alcohol or other drugs
Social isolation of the family
Poor emotional control
Unaware of age appropriate behaviour of children
Emotional immaturity
Poor self-concept - Unrealistic Behavioural expectations
Marital disharmony
Indifferent parental attitude
Absence of parenting skills/knowledge
Inappropriate or excessive discipline
Parental history of abuse/neglect
Overreaction or under-reaction to situations
Inability to trust others
Low self esteem
Overly critical of child, views child as evil
Unable to offer reasonable explanation for child's injury
Perceives child as "difficult" or "different"
Rigidity and compulsiveness
Expects rejection and criticism
Unable to express emotions in socially acceptable fashion
Loss of control or fear of losing control
Inability to offer or accept emotional support

Below is a list of factors that may make a child a more likely target of abuse:

Physiological Problems

Premature birth
Low birth weight
Congenital defects
Handicaps
Delayed or retarded development
Learning difficulties
Hyperactivity
Chronic illness
Colic

Behavioural Difficulties

Aggression
Oppositional
Irritating behaviours (e.g., whining, swearing)
Dependency
Tantrums
Running away
Bedwetting, soiling

Emotional Difficulties

Withdrawn
Passive
Problems with communication
Different temperament from parent
Child may resemble someone with whom the parent has had a poor relationship or remind the parent of a part of themselves they do not like

CHILD PHYSICAL ABUSE AND THE LAW

The provinces have the responsibility of enacting legislation to protect children from abuse. The Child and Family Services Act of Ontario was established in 1984 and its main objective is to promote the protection and well-being of children. As outlined in the Act, the "abuse of a child" means that the child has suffered physical harm, inflicted by the person or caused by the person's failure to supervise and protect the child adequately, that the child has been sexually abused by the person or by another person where the person, having the care of the child, knows or should know of the possibility of sexual abuse and fails to protect the child, and that a child has suffered serious emotional harm, demonstrated by severe anxiety, depression, withdrawal, or self-destructive or aggressive behaviour, caused by the intentional conduct of the person. One of the ways it carries out this objective is through the mandatory reporting provisions laid out in the Act. Children are often unable to protect their own rights. Therefore it is the public's responsibility to ensure that they receive protection. Anyone that has a belief "on reasonable grounds that a child is or may be in need of protection" has a duty to report this to the Children's Aid Society. All of the provinces and the Yukon Territories have enacted mandatory reporting legislation, however, the penalties for non-reporting differ among them. In Ontario, professionals like teachers, police officers, doctors, nurses and social workers, must report suspected or known cases of child abuse or face a fine of up to $5,000 and/or a term of imprisonment not exceeding one year. Individuals who do not report a child who is in need of protective services can face a fine of up to $2,000 and/or a term of imprisonment no longer than six months. Individuals who do report suspected cases of child abuse are protected by law from legal action as long as the information given was based on reasonable suspicion and not done maliciously.

A child is in need of protective services where:

(a) the child has suffered physical harm, inflicted by a parent or guardian of the child or caused by the failure of a parent or guardian to supervise and protect the child adequately;

(b) there is a substantial risk that the child will suffer physical harm inflicted or caused as described in (a);

(c) the child has been sexually abused by a parent or guardian, or by another person where a parent or guardian of the child knows or should know of the possibility of sexual abuse and fails to protect the child;

(d) there is a substantial risk that the child will be sexually abused as described in (c);

(e) a child requires medical treatment to cure, prevent or alleviate physical harm or suffering, and the child's parent or guardian does not provide, or refuses or is unavailable or is unable to consent to, the treatment;

(f) the child has suffered emotional harm, demonstrated by severe anxiety, depression, withdrawal, or self-destructive or aggressive behaviour and the child's parent or guardian does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm;

(g) there is a substantial risk that the child will suffer emotional harm of the kind described in (f), and the parent or guardian does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm;

(h) the child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child's development and the child's parent or guardian does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the condition;

(I) the child has suffered physical or emotional harm caused by being exposed to repeated domestic violence by or towards a parent or guardian of the child, and the child's parent or guardian fails or refuses to obtain services or treatment to remedy or alleviate the violence;

(j) the child has suffered physical harm caused by chronic and serious neglect by a parent or guardian of the child, and the parent or guardian does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm;

(k) there is a substantial risk that the child will suffer physical harm inflicted or caused as described in (j);

(l) the child has been abandoned, the child's only parent or guardian has died or is unavailable to exercise custodial rights over the child and has not made adequate provisions for the child's care and custody, or the child is in the care of an agency or another person and the parent or guardian of the child refuses or is unable or unwilling to resume the child's care and custody;

(m) the child is under twelve years of age and has killed or seriously injured another person or caused serious damage to another person's property, and services or treatment are necessary to prevent a recurrence and a parent or guardian of the child does not provide, or refuses or is unavailable or unable to consent to, the necessary services or treatment;

(n) the child is under twelve years of age and has on more than one occasion injured another person or caused loss or damage to another person's property, with the encouragement of a parent or guardian of the child or because of the parent or guardian's failure or inability to supervise the child adequately

The federal government has some jurisdiction with regards to child abuse with the provisions set out in the Criminal Code. Section 43 of the Criminal Code deals specifically with child physical abuse. It reads as follows:

s. 43 - Every school teacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

There has been a lot of contentious debate regarding this section. Its original intention was to act as a restraining measure because under English common law, parents had complete control over their children. However, many take the view that it sanctions physical punishment by parents. Others feel that section 43 is an important form of protection for those parents who choose to physically discipline their children. The main question to be considered is what constitutes "reasonable force"? It is defined very differently by different individuals.

It is a criminal offence to physically assault a child, but only the most serious cases of injury or injury causing death are ever dealt with by the criminal justice system. Historically, the criminal justice system was the only legal avenue used to protect children, but it has always been more difficult to prove cases in the criminal context. Some reasons for this include: that the offender is guaranteed a broad set of rights under the Charter, and the onus is on the prosecutor to prove guilt beyond a reasonable doubt, the highest legal standard. Traditional rules of evidence made it difficult for children to testify in criminal cases. However, this was changed in 1988, when Bill C-15 came into effect, making it easier for children to testify.

In civil proceedings, the rules of evidence are far more relaxed, and the standard of proof is much lower as it is decided "on the balance of probabilities". As well, the Charter of Rights and Freedoms has limited applicability in civil trials. Most commonly child physical abuse is dealt with in child protection cases. These are civil proceedings whereby a state-mandated child protection agency seeks to prevent further physical harm to the child, through court-ordered supervision, or by removing the child from parental care on either a temporary or permanent basis.

TREATMENT

Treatment should begin by bringing the child to a doctor if medical treatment is required. The next step is to bring the child to a place of safety. This can be done by contacting the Children's Aid Society. They will assess how dangerous the child's current situation is and then decide whether the child should stay in a hospital, a relative/friend's house or a foster home. Treatment must then focus on whether the abuse is an isolated incident or whether it occurs regularly and what caused or led to the abuse. Counselling, either on an individual or family basis should then be considered and this can usually take the form of professional help or self-help. It is extremely important that the family receive support and encouragement throughout this difficult time.

The following lists depict the main areas that treatment will focus on:

Treatment for Parents:

learning problem solving skills
expanding a parent's repertoire of behavioural skills
increasing the use of positive feedback to the child
decreasing the use of physical punishment
social skills training
assertiveness training

Treatment for Children:

developing the ability to acknowledge and express emotions constructively - increasing their ability to trust adults

Treatment for Families:

identifying the interaction patterns and dysfunctional family patterns that contribute to the abusive situation and alter these so that abuse does not reoccur
increasing self-esteem and self-image
reducing social isolation
helping people learn how to use social supports
teaching skills in communication and problem solving

PREVENTION

Knowledge is always the first step in prevention. The more society educates itself about child physical abuse, the easier it will be to prevent. Research has shown that physical abuse can be transferred from one generation to the next. It is not conclusive that abused children become abusive parents, however, it is easy to understand how a child who never received guidance will have a difficult time providing such affections as a parent. There have also been some correlations connecting delinquent youth to dysfunctional, abusive families. Abused children are five times more likely to become delinquent youth. Thus, the problem has the ability to continue and spread out into a vicious cycle, if prevention does not become a serious factor. More preventative tips include knowing what abuse is and teaching children their rights. By trying to teach a child that they are special and need to be kept safe, they are less likely to fall victim to abuse.

As discussed previously, there are also other steps taken in Canada for the prevention of child abuse, including:

the introduction of mandatory reporting laws;
the creation of child physical abuse registries;
changes to the Canadian Criminal Code and the Canada Evidence Act;
the extension of time limits for laying charges in child physical abuse cases; and
the establishment of child protection agencies run by First Nations.

CONCLUSION

Child physical abuse is an abuse of power. While the topic has received considerable attention over the years, it still requires a great deal of improvement. The laws have changed regarding child physical abuse, whereby a person can be held liable for the physical harm done to a child or a failure to prevent harm done by others. One major improvement was the mandatory reporting of child abuse outlined in the Child and Family Services Act of Ontario in 1984, where professionals, such as teachers, police officers, doctors, nurses and social workers must report known or suspected cases of child abuse or be held liable for a fine and/or a term of imprisonment.

The effects of child abuse are also a major area of study, where problems and difficulties are being identified, such as physiological problems, behavioural deficits and emotional difficulties of children. These effects can have a profound effect on the child that can remain with them into adulthood. This is a particular problem, especially with a cycle of abuse developing, whereby abused children are becoming child abusers themselves, due to their lack of skills and techniques, as well as their past abuse experiences.

Treatment options for parents, children and families are therefore high priority for the prevention of further child abuse. Treatment for parents are very broad, ranging from expanding skills such as problem solving, behaviour and social skills, to parenting techniques, such as assertiveness training and the use of positive feedback, opposed to negative feedback and physical punishment. Treatment options for children is also broadly based, with particular attention due to the cycle of abuse theory. This treatment focuses on learning how to trust adults again, and the ability to acknowledge and express emotions constructively. Treatment also is a form of prevention that has also been addressed in society, along with amendments to laws and the reporting of abuse. These measures discourage the abuse from occurring.

Child physical abuse damages the lives on the victims, the family as a unit of trust, and society as a community of protection. Through careful study, preventative measures and reactionary responses, child abuse is being addressed in Canada. Children need guidance, affection and love, not the degrading and hurtful responses of persistent anger, abuse and neglect.

Sources

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Janko, Susan, Vulnerable Children, Vulnerable Families. Teachers College Press, Newark: 1994.

MacNeil et al., Introduction to Private Law Relationships Second Edition. Captus Press Inc., North York: 1995.

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