Also known as: sexually abuse · sexually abused · sexually abusing
Written by attorneys · grounded in primary & secondary sources — see below
Conduct involving the sexual exploitation or molestation of another person, especially a child, that results in physical, emotional, or psychological harm.
Samuel Soto stands trial for sexually abusing his ten-year-old niece during weekend visits. The prosecutor requests a screen between Soto and the child witness so the girl cannot see him while testifying. The court grants the request without further findings. Soto's conviction is reversed because the arrangement denied him the right to face the complainant.
Selena Singh seeks an abortion after her husband discovers the pregnancy and beats her. Hospital records document repeated incidents of sexual abuse during the marriage. The state statute requires spousal notification before the procedure. The court strikes the notification requirement because it would expose Selena to further sexual abuse.
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Stella Shapiro, a twenty-year-old woman, has sexual intercourse with a seventeen-year-old male. Prosecutors charge her under a statute that criminalizes only male perpetrators of sexual abuse against underage females. The court upholds the statute because empirical data show that sexual abuse of young females occurs at substantially higher rates than abuse of young males.
Samantha Stone, age eleven, is scheduled to testify against her uncle in a sexual abuse prosecution. The trial court orders the courtroom closed during her testimony to protect her from further trauma. A newspaper challenges the closure order. The court sustains the order because the state's interest in shielding the child from additional harm outweighs the public's right of access.
Sophia Singh is prosecuted for sexually abusing a nine-year-old boy in her care. The prosecution offers expert testimony that certain behavioral patterns are consistent with child sexual abuse. The court admits the testimony after finding it rests on reliable scientific principles. The jury convicts Singh based in part on the expert's analysis of the child's symptoms.
Sylvia Santos operates a website that sells videos depicting minors engaged in sexual conduct. Federal agents arrest her for distributing child sexual abuse material. Santos argues the material is protected speech. The court rejects the claim because the government may criminalize distribution of sexual depictions of actual children even when the material is not obscene.
In a prosecution for child molestation, evidence that the defendant committed other acts of child molestation is admissible for any relevant purpose, including propensity. The prior act must involve a child under fourteen and conduct such as genital contact for sexual gratification. Ordinary character-evidence rules do not bar the evidence.
The Sixth Amendment guarantees the accused the right to physically face witnesses. A screen that prevents the child from seeing the defendant while testifying violates that right. The violation occurs even when the screen allows the defendant to see the witness.
Yes. Visual depictions of minors engaged in sexual conduct constitute a category of unprotected speech. The government may prohibit their production and distribution because of the compelling interest in preventing sexual exploitation of children. The material need not satisfy the Miller obscenity test.
…84 Iowa L. Rev. 499, 534-535 (1999); Mosteller, Remaking Confrontation Clause and Hearsay Doctrine Under the Challenge of Child Sexual Abuse Prosecutions, 1993 U. Ill. L. Rev. 691, 738-746. In many cases, hearsay alone was generally not considered sufficient to support a conviction; rather, it was used to corroborate sworn…