Research and development in criminal law and criminology

Research and development in criminal law and criminology

Facilitating the Detection of Child Sexual Abuse by Mobilizing Society Members: A Socio-Legal Analysis

Document Type : Original Article

Author
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Humanities and Social Sciences, Golestan University, Golestan, Iran.
Abstract
The specific terminology of “sexual abuse” as a distinct dimension of child maltreatment was first explicitly introduced in Iranian legislation under the Law on Protection of Children and Adolescents (2020). While this statute outlines numerous protective measures, the practical realization of its objectives is entirely contingent upon the initial detection of the abuse and the identification of the victim. Due to their physical and psychological vulnerabilities, child victims often maintain silence and may lack the cognitive awareness to recognize their own victimization. Furthermore, sexual abuse is inherently clandestine in nature. Failure to detect these crimes precludes necessary interventions to prevent secondary victimization and mitigate initial trauma, resulting in severe short- and long-term consequences for the child. Consequently, the intervention of third parties—particularly relatives and close associates—becomes indispensable for bringing these hidden crimes to light. The central inquiry of this study is: How can members of society be effectively mobilized to act as agents in this critical process? The findings suggest four key mechanisms: First, the legislature must dismantle the prevailing culture of secrecy by establishing a universal civic duty for all members of society to report such crimes. Second, public education is paramount; familiarity with behavioral indicators enables those close to the child to recognize warning signs and facilitate disclosure through appropriate questioning. Third, the quality of the response to initial disclosure is critical; negative or dismissive familial reactions can compel the child to retract their statement or retreat into silence. Fourth, raising awareness regarding risk factors—specifically situational conditions that render children vulnerable, such as physical or mental disabilities—significantly enhances the identification of abuse cases.
Keywords
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