Child Abuse

217 Pages·1984·8.44 MB·English

by  H. Zimrin (auth.), Judge Amnon Carmi, Dr. Hanita Zimrin (eds.)

Medicolegal Library 1
Edited by A. Carmi
Child Abuse
Edited by A.Carmi and H.Zimrin
With Contributions by
O. Ayalon E. Deutsch B. M. Dickens
R. A. Eisikovits Z. Eisikovits H. L. Hirsh
J. E. Holloway E. R. Krasna I. H. Krasna
G. M. Larkin R. Mayer T. T. Noguchi A. Oren
D. Reifen F. A. Rozovsky R. L. Sadoff A. Sagi
M. A. Somerville A. Schwartz C. H. Wecht
With 39 Figures
Springer-Verlag
Berlin Heidelberg New York Tokyo 1984
Judge Amnon Carmi
P.O.B. 6451
Haifa 31063, Israel
Dr. Hanita Zimrin
School of Social Work, Tel Aviv University,
Tel Aviv 69978, Israel
ISBN-13 :978-3-540-12471-9 e-ISBN -13:978-3-642-82063-2
DOl: 10.1007/978-3-642-82063-2
Library of Congress Cataloging in Publication Data. Main entry under title:
Child Abuse. (Medicolegal Library; 1). Bibliography: p. 1. Child abuse
Addresses, essays, lectures. 2. Child abuse - Law and legislation - Adresses,
essays, lectures I. Canni, Amnon. II. Zimrin H. (Hanita) III. Ayalon, Ofra.
IV. Series. RC569.5.C55C43 1984 362.7'044 84-1303
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© Springer-Verlag Berlin Heidelberg 1984
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drug dosage and application thereof contained in this book. In every individual
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Introduction
The Medicolegal Library is the first and only series of its kind. Its
importance is self-evident. During the last decade, science, especial
ly medical practice, has become an increasingly complex undertak
ing. Recent dramatic developments in medicine have given rise to
both theoretical controversies and practical dilemmas. Society is
struggling with new scientific, economic, cultural, and legal issues.
The establishment of a series such as this appears vital for lawyerr;
and physicians, for sociologists and psychologists, and for the pub
lic at large.
The editorial board of the Medicolegal Library consists of dis
tinguish scientists from many different countries and disciplines.
Judge Amnon Carmi acts as principal series editor. Judge Carmi is
the author of many books and articles on medical law, and is Editor
in-Chief of Medicine and Law: An International Journal.
The Medicolegal Library will issue two books each year. The first
four books, soon to be published, will deal with child abuse, eutha
nasia, disability, and psychiatry laws and ethics.
It is the wish and intention of Springer-Verlag that the Medicole
gal Library play an important role throughout the world in the study
and understanding of the field of medicine and law, for the benefit
of both professions and of mankind at large.
Contents
I. The Phenomenon
Battering Behavior: One Phenomenon, Many Explanations
H.Zimrin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Abusive Versus "Normal" Child-Rearing Practice:
A Cross-Cultural Perspective
R.A. Eisikovits . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Abusing Children's Development Potential: The Case of Moral
Development
Z. Eisikovits and A. Sagi . . . . . . . . . . . . . . . . . . . . .. 21
II. Child Abuse and the Law
Child Abuse and Neglect: A Survey of the Law (United Stated
of America)
A. Schwartz and H. L. Hirsh . . . . . . . . . . . . . . . . . . .. 31
The Medically Neglected Child (West Germany)
E. Deutsch ...................... 60
The Medical Needs of the Child and Religious Doctrines
(North America)
F.A.Rozovsky ........................ 66
Child Abuse and Criminal Process: Dilemmas in Punishment
and Protection
B. M. Dickens . . . . . . . . . . . . . . . . . . . . . . . . . . .. 77
Professional Intervention in the Family
M.A. Somerville ...... . . . . . . . . . . . . . . . . . . .. 93
III. Child Abuse and Psychiatry
Child Abuse: A Psychiatrist's View
R.Mayer .............................. 113
VIII Contents
Divorce and the Emotionally Abused Child
R. L. Sadoff. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 121
IV. The Sexually Abused Child
The Daughter as a Sexual Victim in the Family
O.Ayalon . . . . . . . . . . . . . . . . . . . . . . . 133
Legal Protection of Children in Sexual Assault Cases
D. Reifen . . . . . . . . . . . . . . . . . . . . . . . . . .141
v.
Child Abuse and Pathology
The Battered Child Syndrome (1)
C. H. Wecht and G. M. Larkin . . . . 157
The Battered Child Syndrome (2)
I. H. Krasna, A. Oren, and E. R. Krasna . . 183
The Role of the Forensic Pathologist in the Investigation
of Child Abuse Deaths
J. E. Holloway and T. T. Noguchi . ................. 193
Subject Index ............................ 215
List of Contributors
O.Ayalon
7 Zevulun, Kiriat Tivon 33217, Israel
Prof. Dr. E. Deutsch
Holty Strasse 8, 3400 G6ttingen, FRG
Prof. Dr. B. M. Dickens
Faculty of Law, University of Toronto, 84 Queen's Park Crescent,
Toronto, M5S 1A1, Canada
Dr. R. A. Eisikovits
Social Work School, University of Haifa, Mount Carmel,
Haifa 31999, Israel
Dr. Z. Eisikovits
Social Work School, University of Haifa, Mount Carmel,
Haifa 31999, Israel
Dr. H. L. Hirsh
2801 New Mexico Avenue, Washington, DC 20067, USA
Dr. J. E. Holloway
County of Los Angeles, 1104 No Mission Road,
Los Angeles, CA 90033, USA
Prof. Dr. E. R. Krasna
The Department of Pediatric Surgery and the Shaare Zedek
Hospital, POB 293, Jerusalem 92-585, Israel
Prof. Dr. I. H. Krasna
The Department of Pediatric Surgery and the Shaare Zedek
Hospital, POB 293, Jerusalem 92-585, Israel
Dr. G. M. Larkin
Coroner, County of Allegney, 542 4th Avenue,
Pittsburgh, PA 15219, USA
X List of Contributors
Dr. R.Mayer
8 Rakafot Street, Rehovot 76608, Israel
Dr. T. Noguchi
County of Los Angeles, 1104 NO Mission Road,
Los Angeles, CA 90033, USA
Dr. A Oren
Dr. D. Reifen (t)
7 Vitkin Street, Tel Aviv 63474, Israel
F.ARozovsky, POB 2382 Halifax, Nova Scotia, B3J 3H4, Canada
Dr. R. L. Sadoff
Suite 326, The Benjamin Fox Pavilion, Jenkintown, PA 19046, USA
Dr. ASagi
Social Work School, University of Haifa, Mount Carmel,
Haifa 31999, Israel
Prof. M. A Somerville
McGill University, 3644 Peel Street, Montreal, H3A IW9, Canada
Dr. A. Schwartz
2801 New Mexico Avenue, Washington, DC 20067, USA
Dr. C. H. Wecht
Coroner, County of Allegeney, 542 4th Avenue,
Pittsburgh, PA 15219, USA
I. The Phenomenon
Battering Behavior: One Phenomenon,
Many Explanations
H.Zimrin
1 Introduction
Over the past few years, we have witnessed increasing awareness of the phenome
non of child abuse by parents. It is by no means a new phenomenon; there is evi
dence of its existence even in ancient times (Radbill1968). Nowadays, in the light of
changes in cultural norms and developments in our ability to diagnose cases of
child-battering, awareness of the problem has increased and child abuse is recog
nized as a phenomenon demanding comprehension and treatment. In families
where children are abused, they become objects of neglect or victims of physical
and mental cruelty, rather than subjects of parental love and care. Such abuse is far
from circumstantial when children suffer the consequences of their parents' apathy
or impulses.
Thousands of children - most of them infants - are treated annually in hospital
emergency rooms and pediatric wards, suffering from deliberately inflicted bums,
fractures, cerebral hemorhages, or malnutrition (McNeese and Hebeler 1977; Nagi
1977). Most of these children are released and sent home, only to return again with
fresh injuries. The number of battered children who are not taken to the hospital
and who receive no medical treatment whatsoever is undoubtedly several times
greater.
Battering certainly causes the child great suffering while taking place. However,
in light of the knowledge of necessary conditions for proper child development, as
well as through a follow-up study of battered children, one cannot overlook the
harmful effect of battering upon the child's development and his realizing this fu
ture individual and social potential (Baher 1976). Battering has a destructive effect
not only upon a child's present situation, but also upon his functioning as an adult
in the future. Hence it is vital to comprehend the phenomenon of child abuse com
pletely and even more important to attempt to prevent its occurence.
2 Battering Defined as a Uniform Phenomenon
"Battering behavior" is the accepted term defined in the literature. Although this
behavior is divided into "abuse" (injuries inflicted through a conscious act on the
part of the parent) and "neglect" (injuries sustained through the parent's failure to
act) most authors attempt nonetheless to find a common denominator.
Gil (1968) defined abuse as a physical attack - including refusal of treatment -
which is deliberate rather than circumstantial and ranges from miminal to fatal.