Streetlaw

SEX AND ABUSE

WHAT IS SEXUAL ABUSE?
This is an undesired sexual behavior by one person upon another, usually by force or deceit or taking advantage of that other. It is an act in which a person touches another sexually without the consent of that other.

TYPES OF SEXUAL ABUSE
-Sexual Assault
-Child sexual abuse
-Sexual assault of men and boys
-Intimate Partner sexual violence
-Incest
-Drug facilitated sexual assault
-Prisoner rape
-Multiple-perpetrator sexual assault

VICTIMS OF SEXUAL ABUSE
Generally, male and female, young and old, can be victims of sexual abuse. Sexual abuse can occur at any age and is not biased towards race, gender, religion or sexual orientation.One out of four girls and one out of six boys will be sexually assaulted before the age of eighteen (18).This makes girls (females) the major victims of sexual abuse. In a chauvinists’ world, the females are more at risk. This does not entirely mean that the guys are not sexually abused. In fact, they are, by both male and female, however, women are known as the weaker sex. Thus, while a young man can succeed in overpowering his abuser, a woman is less likely to overpower her abuser without causing serious damage.

EFFECTS OF SEXUAL ABUSE
Sexual abuse has emotional, psychological and physical effects on the victims. However, with the right help, the victims can be managed.
Pregnancy
Depression
Post-traumatic stress disorder
Self-harm
Sexually Transmitted Diseases
Eating disorder
Sleep disorder
Dissociation
Substance abuse
Suicide
Nightmares

AGE
Children aged 18 and under are legally considered to be incapable of giving consent to any form of sexual activity.

THE POSTION OF THE CHILD RIGHT ACT (2003)
S.131 of the Child Rights Act states:
(1) no person shall have sexual intercourse with a child

PUNISHMENT FOR SEXUAL INTERCOURSE WITH A CHILD
(2) a person who contravenes the provision of subsection (1) of this section commits an offence of rape and is liable on conviction to imprisonment for life
(3) where a person is charged with an offence under this section, it is immaterial that
(a) the offender believed the person to be of or above the age of eighteen year or
(b) the sexual intercourse was with the consent of the child
Section 32 states:
a person who sexually abuses or sexual exploits a child in any manner not already mentioned under this part of this Act commits an offence

PUNISHMENT FOR SEXUAL ABUSE
a person who commits an offence under subsection (1) of this section is liable on conviction to imprisonment for a term of fourteen years

ABUSE OF TRUST
Where a person older than 18 is in a ‘position of trust’, it is an offence for them to have sexual activity with a person under the age of 18. In the school setting, it applies where the child is in full-time education and the person works in the same place as the child, even if the person does not teach the child.
It also involves Teacher-Pupil relationship which infringe this law are given intense media and public focus. There is a case of Jeremy Forrester, the maths teacher from east Sussex who eloped to France in 2012 with a 15-year-old student Megan Stammers. He was charged with child abduction and sexual activity with a child and received a 5 and half year sentence. Incidents are not just limited to older male teachers with younger female pupils. In November 2014, a female chemistry teacher from a pupil school in Bedford was dismissed following a National College of Teaching conduct panel hearing, which recognize that there was a ‘clear failure to safeguard and supervise students under her care’.
Even where the parties feel they have a ‘genuine relationship’, safeguarding experts still consider it to be an abusive one, simply because it is an unbalanced power relationship and the adult is the abuser because they are abusing their power, authority and position.

REMEDIES OF SEXUAL ABUSE
Without treatment, sexual abuse can take a long-term toll on the victims. An immediate response sets the tone for the victim to be able to reach out for help and support. The following are the remedies:

1.Long term therapy
2. Trauma focused Cognitive Behavioral Therapy
3. Civil Legal Treatment

V.C Unegbu Esq. LLB (Hons), B.L