REPORT

ON
CHILD ABUSE AND NEGLECT
As Compliance to the requirement in:
Medical Jurisprudence
Presented By:
Emilia D. Severino

PSU School of Law

Second Year
What is “Child Abuse”?
Under Section 3 (b) of RA 7610:
Child Abuse
Refers to the maltreatment, whether habitual or
not, of the child below 18 years of age, which
includes any of the following:
Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreament;
Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of child as a human being;
Unreasonable deprivation of his basic needs for
survival such as food and shelter; or
Failure to immediately give medical treatment
to an injured child resulting in serious
impairment of his growth and development or
in his permanent incapacity of death.
 It's easy to identify some
forms of child abuse, but
difficult for other forms.
The fact that a child
experienced harm doesn't
necessarily reveal abuse.

Child abuse is an action or

inaction that harms a child.

CHILDREN ARE ABUSED

BY BOTH MEN & WOMEN.
Forms of Child Abuse
There are four major categories of child abuse:

Physical Abuse
Sexual Abuse
Emotional Abuse
Neglect
 Physical Abuse
 Non-accidental
physical injury may
include severe
beatings, burns, biting,
strangulation and
scalding with resulting
bruises, welts, broken
bones, scars or serious
internal injuries.
 Physical Indicators of Physical Abuse
 Bruises, welts, or burns shaped like
objects (iron, heater, etc.)
 Bruises in unusual places (eyes, back,
mouth, buttocks, genital area, thighs)
 "Sock" or "Glove" burns on hands or
feet
 Small round burns from cigarettes
 Rope burns on ankles, wrists, or torso
 Adult size bite marks
 Suspicious fractures
 Physical discipline administered with an After being punched in the
object (i.e. belt, wooden spoon etc.) mouth like this by his father,
 Marks from physical discipline that last this child may never want to
use these lips for a tender,
more than an hour or so
affectionate kiss for his own
children.
 Behavioral Indicators in Child
 avoids physical contact with others
 apprehensive when other children cry
 wears clothing to purposely conceal injury,
i.e. long sleeves
 gives inconsistent versions about
occurrence of injuries
 seems frightened by parents
 often late or absent from school
 comes early to school, seems reluctant to
go home afterwards
 has difficulty getting along with others,
 little respect for others
 overly compliant, withdrawn, gives in
readily and allows others to do for him/her
without protest
 plays aggressively, often hurting peers
 complains of pain upon movement or
contact
 has a history of running away from home
 Sexual Abuse
 Sexual abuse is any sexual
contact with a child or the use of a
child for the sexual pleasure of
someone else.
 This may include exposing
private parts to the child or asking
the child to expose him or herself,
fondling of the genitals or requests
for the child to do so;
 Oral sex or attempts to enter the
vagina or anus with fingers,
objects or penis, although actual
penetration is rarely achieved.
 Indicators of Sexual Abuse
Physical:
difficulty walking or sitting
torn clothing,
stained or bloody underwear
pain or itching in genital area
venereal disease, especially in preteens
Pregnancy

Behavioral
Children often do not tell us with words that they have
been sexually abused or that they have successfully
resisted an assault and don't know quite what to do next.
There are many reasons children might hesitate or be
afraid to tell us about what has happened, including
their relationship to the offender, fear of the
consequences, retaliation or uncertainty about whether
or not they will be believed.
Behavioral
 Withdrawal or anti-social attitudes
 Exaggerated interest in sex or
"acting out" sex with other children
 Unusually seductive behavior
 Fear of intimate contact (hugging or
sports)
 Torn, stained, or bloody clothing
 Sexual knowledge beyond their
years and developmental ability
People of the Philippines Vs. Deolito Optana
G.R. No. 133922 12 February 2001

Defilement of a child causes trauma that not only destroys her

future, it painfully mars a young of this country.

This is a case wherein sexual abuse was committed by a

stepfather against his common-law-wife’s 12 year-old daughter by
a prior relationship, violating the trust reposed in him and robbing
an innocent child of her future. Furthermore, the sexual abuse
committed against the child has caused so much trauma that she
manifested signs of depression and violence to the extent of
killing herself. Consequently, she has to be committed to the
National Center for Mental Health (the Center) for treatment and
rehabilitation. This case likewise emphasizes the reasons why
children who were sexually abused hesitate or afraid to tell
someone about what has happened to them.
People Vs. Optana ….cont’d

Effects of the Sexual Abuse:

Major and Severe Depression
In a rape committed by a father against the
daughter, the former’s moral ascendancy and
influence over the latter substitutes for violence
and intimidation. The experience has certainly
caused great trauma on Rizalina that she had to
be committed to the Center to undergo
psychological and medical treatment for severe
depression.
People Vs. Optana ….cont’d
Fear of disclosing the abuse committed on the child’s person
There are several major factors why a child or adolescent would not disclose
immediately that she has been sexually molested.
 First: Shame and guilt
 Since the victim underwent such trauma she feels that she is to be
blamed;
 She feels that she has a part in the crime, which is why she doesn’t tell
anyone.
 Second: Threat imposes by the perpetrator to the victim
 The threat to life, the threat to property
 Third: Influence of the mother of being uncooperative with her in
fighting for her right
 Whenever a child is abused, it is not the child or the victim which is
just affected. It is the entire family. Sometimes, the mother and other
relatives would rather choose to have the victim stay silent and not to
disclose the abuse.
People Vs. Optana ….cont’d
 The Court took notice of these factors. To the accused, it
strains credulity why the victim never said anything about the
incidents until the discovery by the mother when she revealed
that it was her step father who was responsible for her
pregnancy.

 Delay in reporting the crime is understandable. It is not

uncommon for young girls to conceal for some time the
assaults on their virtue because of the rapist's threat on their
lives.30 The case at bar is no exception to these well-founded
rule. Rizalina never said anything to her mother of the many
times the accused had sexually abused her for fear of her life.
She was definitely afraid of her stepfather who threatened to
kill her once she reports the matter to her mother.
 Emotional Abuse
 Emotional Abuse is a pattern of behavior
that attacks a child's emotional
development and sense of self-worth.
 Includes excessive, aggressive or
unreasonable demands that place
expectations on a child beyond his or her
capacity.
 Constant criticizing, belittling, insulting,
rejecting and teasing are some of the forms
these verbal attacks can take.
 Also includes failure to provide the
psychological nurturing necessary for a
child's psychological growth and
development -- providing no love, support
or guidance
Indicators of Emotional Abuse
Observable Indicators
 child rocks, sucks, bites self
 inappropriately aggressive,
 destructive to others
 suffers from sleep, speech disorders
restricts play activities or experiences
 demonstrates compulsions, obsessions,
phobias, hysterical outbursts
Behavioral Indicators
 negative statements about self
 shy, passive, compliant
 lags in physical, mental and emotional
development
 self destructive behavior
 highly aggressive
 cruel to others
 overly demanding
 Neglect
Failure to provide for a child's
physical needs.
Includes lack of supervision,
inappropriate housing or
shelter;
Inadequate provision of food;
Inappropriate clothing for
season or weather;
Abandonment, denial of
medical care; and
Inadequate hygiene.
 Indicators of Neglect
 Any of the same signs as emotional
abuse
 A child who is hungry most of the time
 A child who is wandering outside
unsupervised
 A child unsuitably dressed for the
weather
 A child who is continually dirty or
wearing the same soiled clothes
 A child who consistently shows up early
or stays late at school
 A child who is left home alone when too
young, for extended  periods of time, or
who is left alone caring for siblings when
too young or for extended periods of
time
 The “Abusers
“Abusers are family, friends and neighbors”
"It is a sad irony that many abusers genuinely love their children, but they
find themselves caught in life situations beyond their control and they do
not know how to cope.

They are often isolated from friends and family and may have no one to
give them emotional support. They may not like themselves and may not
know how to get their emotional needs met"

Child abuse happens in all socio-economic, racial, ethnic and religious

groups although it is now known that it does not occur equally over all
groups.
Factors That Can Lead to Child Abuse

Stress
Unreasonable Expectations

Lack of Parenting Knowledge

Financial Hardship

Family Background
Long-Term Effects of Abuse
 Common problems for abused children include:
 Emotional problems
 Behavioral problems
 Poor performance in school
 Further abuse
While these effects are not always obvious, they are important.

Long-term studies of low achievers, runaways, drug abusers, prostitutes and

incarcerated individuals paint a disturbing picture. Abuse is a consistent and
pervasive element in their backgrounds. Low self-esteem and poor self-
concept are ever-present.

Knowing this, there can be little doubt that children who are abused, as well as
adults who were abused as children, need assistance to resolve the questions
that the abuse experience has raised, even if that assistance does not come until
years after the abuse.
 A bud plucked from the stalk
would never have its chance to blossom.
A young plant prematurely clipped of its branches
would never develop and grow to its full and natural
potential.
Both would need care and attention to be able to
recover and mend.
In the ultimate end, however, what has been lost
could never be regained or restored.
- Del Castillo, J.-
People vs. Estrada
G.R. No. 178318 January 15, 2010
Supreme Court Decisions on Child Abuse
 People vs. Melchor G.R. No. 167693 Sexual Abuse of an
Cabalquinto 19 Septempber 2006 Eight year old daughter

 De Ocampo vs. Sec. G.R. No. 147932 Child Abuse resulting

of Justice 25 January 2006 to death of the child

 People vs. Baring, Jr. G.R. No. 137933 Statutory Rape

28 January 2002 Rape committed
against a 7y/o girl

 People vs. Optana G.R. No. 133922 Sexual Abuse against a

12 February 2001 12y/o step-daughter

 People vs. G.R. No. 184600 Sexual Abuse –

Dimanawa 9 March 2010 Incestuous Rape

 People vs. Diaz Alias G.R. No. 130210 Murder in relation to

“Jimboy” 9 March 2010 sexual abuse (sodomy)
of a child
Sources: Photos, Articles, Cases and Video
http://dreamcatchersforabusedchildren.webs.com/whatischild
abuse.htm
 www.lawphil.net

 http://www.violence.de/prescott/hustler-new/article.html

 http://www.newhorizonscrisiscenter.org/ac.htm

 http://www.youtube.com