Also known as: abused children · child abuse victim
Written by attorneys · grounded in primary & secondary sources — see below
A child who has been subjected to physical or mental neglect or harm. The category encompasses intentional physical injury creating substantial risk of death, serious disfigurement, or protracted impairment of health or bodily function, as well as sexual offenses against the child.
Select any source to read its text and confirm it supports the definition.
Anita Ali noticed fresh bruises on her six-year-old student during a routine school check. The child identified his mother's boyfriend as the source while visibly distressed. The teacher reported the statement to authorities without law enforcement present. The court admitted the statement because its primary purpose addressed an ongoing emergency rather than creating evidence for prosecution.
Aisha Ahmed's parental rights were at stake after repeated injuries to her infant. The state presented evidence that the child met the statutory definition of an abused child. The court required clear and convincing proof before terminating rights because the risk of erroneous deprivation demanded heightened procedural safeguards.
Amber Alonzo refused to produce her three-month-old son after hospital staff documented multiple fractures. The juvenile court had previously found the child to be abused and placed him in her custody under supervision. The court rejected her Fifth Amendment claim and ordered production because the regulatory scheme served a noncriminal purpose.
Alexandra Armstrong faced trial for abusing two children in her care. The state sought to place a screen between the defendant and the child witnesses during testimony. The court denied the request because no particularized showing of trauma justified departing from face-to-face confrontation.
Anthony Arnold was charged with abusing his five-year-old niece. Expert testimony established that testifying in his presence would cause the child severe emotional trauma beyond ordinary stress. The court permitted one-way closed-circuit television after finding the procedure necessary and that it preserved oath, cross-examination, and demeanor observation.
Alice Atkins, a teenage boy, reported sexual abuse by an adult neighbor. The prosecutor charged the neighbor under statutes protecting minors of either sex. The court upheld the charges because the state's interest in preventing sexual exploitation of children applies equally regardless of the victim's gender.
Statements are non-testimonial when the primary purpose of the questioning is to address an ongoing emergency and protect the child rather than to create evidence for prosecution. Factors include the informal setting, absence of law enforcement, the child's age and vulnerability, and the spontaneous nature of the response. Admission of such statements does not violate the Confrontation Clause.
Supporting sources
…a variety of ameliorative measures"). Thirty-seven States, for example, permit the use of videotaped testimony of sexually abused children; 24 States have authorized the use of one-way closed circuit television testimony in child abuse cases; and 8 States authorize the use of a two-way system in which the child witness is…
…period, reported that 86 of 100 children
…evidence, and appellate review; and establishes the standard of proof as the sine qua non of procedural due process. [5] An abused child
…extraordinary procedure in the present case. That face-to-face presence may, unfortunately, upset the truthful rape victim or abused child
…to resist an order of the juvenile court to produce the child
The state must prove its allegations by clear and convincing evidence. This standard reduces the risk of erroneous termination while recognizing the flexibility inherent in due process. Lower standards are constitutionally insufficient given the fundamental liberty interest at stake.
Supporting sources
No. When the juvenile court has placed the child in the parent's custody under a regulatory scheme aimed at protecting the child, the parent may not refuse production on self-incrimination grounds. The order serves a noncriminal purpose of ensuring the child's safety.
Supporting sources
The trial court must make a case-specific finding, usually based on expert testimony, that face-to-face testimony would cause the child serious emotional trauma beyond ordinary stress. The procedure must preserve oath, cross-examination, and the opportunity for the judge and jury to observe demeanor. When these conditions are met, the Confrontation Clause is satisfied.
Supporting sources