Sexual abuse?

Question

When a child (as old as eleven or twelve) touches a person in an innapropriate place in a taunting manner, is it considered sexual abuse? Was the child too young to know what he was doing? Is it abuse if the victim feels violated?
If not, then what is this kind of behavior called?

Answer 1

It depends. In order for a minor to have the mens rea (a guilty mind; ie; the knowledge and intent) to committ a crime, they generally have to be between the ages of 10 - 12. The precise age depends on the childs comprehension of the situation etc. As such it could quite possibly be abuse.

It is unlikely that a child would be charged as a result of this behaviour. Many older children and young teenagers engage in this sort of behaviour out of curiosity. In some cases it could also be a sign of sexual abuse (the child believes that it is normal behaviour and as such replicates the behaviour of the abuser). As such it is important (if you're their parent or guardian) to explain to them the difference between appropriate touching and inappropriate touching.

My advice is either to tell the child that the behaviour is innapropriate and it is making you feel uncomfortable, and let their parents/guardian/teacher know. If you are the parent then you need to have a chat with them.

You could report it to the police, especially if you feel violated, but as I said it is unlikely that police would take it seriously unless it was extreme or repetitive behaviour.

Answer 2

not for the purposes of criminal prosecution. although it would be if the perpetrator was an adult. it is however, for the purposes of the psychological effect on the victim. you recourse and responsibility legally is through child protection. if the behavior is aggregious enough, they will investigate. the child/children will be under the jurisdiction of the juvenile court, and any adult repsonsible for perpetrating the child's behavior through exposure etc., can be prosecuted criminally in any court having jurisdiction.

Answer 3

Inappropriate contact.

If both parties - toucher and touchee - are minors, the actions are more likely to be called assault than something with a more sexually oriented title.

Which doesn't mean you shouldn't do anything about it.

Answer 4

It is not really sexual abuse, but it is wrong. By doing this the touchee is making the other uncomfy!