If a child survives the worst forms of child abuse (Child Torture) many state laws do not adequately address the level of severity inhumanity the child has faced if the child survives. If the child dies, the enhanced penalties for torture exist in most states for homicide statutes.
Based on the compiled sample cases, the physicians defined child torture in the medical context as: (1) the perpetrator subjecting the child to at least two physical assaults… which would cause prolonged physical pain, emotional distress, bodily injury or death, AND (2) at least two elements of psychological abuse such as isolation, intimidation, emotional/physical maltreatment terrorizing, spurning, or deprivation inflicted by the child’s caretaker.
The publication analyzes laws across the states and suggests a model code section to address the issue.
The American Bar Association’s State of Criminal Justice 2017 Book, features a chapter written by the Managing Director of NCCASP. It explores how the U.S. Supreme Court Case of Ohio v. Clark can swing the pendulum back towards justice for victims of childhood sexual abuse.
“In the least, Ohio v. Clark overrules the reasoning in Bordeaux and the similar line of cases where the statements of a very young child was found to have been testimonial statements. Although the U.S. Supreme Court has yet to address the question of whether statements made by young children during forensic interviews are testimonial, the reasoning in Clark was similar to Arroyo and suggests such statements may be nontestimonial.”