Therapeutic and non-therapeutic practices in the child justice system in Kenya: A therapeutic jurisprudence perspective

Child justice systems are specialized jurisdictions set up for the purpose of providing justice related services to children. In an effort to resolve many of the systemic injustices expereinced by justice involved children, Kenya recently legislated the Children Act 2022. This new law is viewed as a paradigm shift from previous children acts as it incorporates constitutional provisions, UN conventions, minimum rules and other international protocols that Kenya is a state party to. The Act seeks to transform the child justice system into a jurisdiction which is more amenable to prioritising the mental wellbeing of children. The current study sought to examine the practices applied by state child justice agencies and whether these were therapeutic or non- therapeutic. This would clarify areas where the Act may need to be amended or reviewed to further its own goals. The findings revealed that the most non-therapeutic procedures centred on the courtroom such as the formal court environment and children facing perpetrators in court as well as limited access to mental health services. Therapeutic practices included ensuring children access treatment, use of child friendly interviewing techniques and testifying in camera. These may guide justice actors as to how they apply the Children Act 2022 within their own contexts whilst developing rules and standards that embody the principles of therapeutic jurisprudence.

Cultural Determinants and Parent-Child Communication as an Effective Tool to Prevent Child Sexual Abuse: A Quick Qualitative Study

The current study's sole specific goal was to use a qualitative approach, from the parents' emic perspective, to investigate the cultural determinants that influence using parent-child communication as an instrument to protect children from sexual abuse in the six electoral wards of Ife-East Local Government that covered the rural settlement of Ile-Ife. The study adopted a simple random sampling method to select a village from each ward and a convenient sampling method to select six parents from each village, making a total sample size of 36. The study utilized in-depth face-to-face interviews to garner the primary data and content analysis for data analysis. This study found and concluded that parents' economic activities, religious beliefs, fear of stigmatization or mockery, belief that giving a child sex education via parent-child communication promotes waywardness in the behavior of such a child, belief that sex education should be best confined to formal education, and overconfidence of the parents in their wards were among the cultural determinants influencing the efficacy of parent-child communication as a device to shield young ones from being victims of sexual abuse in the study location. The study recommended public enlightenment via various social institutions on dealing with these cultural determinants.

Balancing the law with children's rights to participation and decision-making: Practice guidelines for mandatory reporting processes in child sexual abuse

In India, legal response to a sexual offence, namely, punishment of the perpetrator,relies nearly entirely on mandatory reporting provisions in child sexual abuse law.Mandatory reporting forms an important first step in the medico-legal processes of CSAwork, because it leads onto other legal interventions in CSA cases. However, social, stigma, perceived harassment, rampant gender stereotypes, the unwillingness of, family, disbelief of the victim, and threats by the perpetrator are a few of the many, barriers to mandatory reporting in the Indian context. One particularly insufficiently, addressed critical barrier in the global and Indian literature on CSA and law stems from the reluctance of children to allow child protection and mental health professionals to report to relevant authorities. There are few guidelines or practical strategies available,on how to engage children in mandatory reporting processes. This article uses a childcentric lens to propose the need to balance children's rights to participation and decision-making with the mandatory reporting law. It proposes a conceptual frameworkthat acknowledges the imperatives and challenges of the mandatory reporting law and its implementation, whilst also recognizing children's barriers to abuse disclosures andtheir rights to make decisions and provide consent on reporting issues. It culminates in a guideline for child mental health and protection service providers, offering step-bystep support on navigating the challenges and dilemmas of mandatory reporting through suggested scripts that engage children to enable more effective reporting ofCSA to child protection systems and relevant legal authorities.

"If Only I Could Have Stopped It": Reflections of Adult Child Sexual Abuse Survivors on Their Responses During the Abuse

Child sexual abuse (CSA) has received much research attention in recent years, leading to the considerable development of services provided for children worldwide. The literature in the field of trauma studies recognizes that responses to trauma are of central importance and mainly discusses the fight-flight-freeze model of automatic responses to traumatic events. For a variety of reasons, research on this specific subject in the field of CSA is sparse. The current study was designed to spotlight the way adults perceive their responses during incidents of CSA. Semistructured interviews were carried out with 20 survivors who described their responses. The results pointed to the irrelevance of "fight or flight" responses in the context of CSA and emphasized compliance, avoidance, and simply surviving the abuse. In addition, the survivors shared the thoughts they had had during the abusive incidents. Specifically, while they understood that what was being done to them was wrong, they also realized that there was little they could do other than try to survive. The survivors' reflections on how their responses to CSA affected their negative self-attributions and on the way they contend with difficult incidents in adulthood suggest the central role played by CSA responses. The findings point to the multifaceted nature of responses to CSA and to the urgent need to further examine them by exploring other relevant contexts and perceptions to develop a theoretical model that will address responses to child abuse and inform both prevention and intervention efforts.

Disclosing the abuse: The effect of ethnoreligious identity on CSA disclosure in forensic interviews

Multiple studies have examined sexually abused children and their interactions with the legal system, as manifested in children's disclosures of sexual abuse during forensic interviews. Nevertheless, few have done so while referencing contextual variables, such as ethnoreligious identity. The current study was designed to examine how ethnoreligious identity affects children's disclosure in forensic interviews beyond the contribution of child characteristics and abuse characteristics. In addition, the moderating role of pre-interview disclosure was examined. An analysis of 1054 forensic interviews conducted in Israel indicated a relationship between a child's age, gender, and abuse characteristics (i.e., perpetrator identity and type of abuse) with the likelihood of disclosure during the forensic interview. The results indicated a relationship between ethnoreligious identity and forensic disclosure. Unexpectedly, Muslim Arab children were more likely to disclose than Jewish children. Predictably, pre-interview disclosure moderated the relationship between abuse characteristics and ethnoreligious identity (among Jews) and forensic disclosure. Conversely, it did not moderate the relationship between child characteristics and disclosure during the forensic interview. The findings demonstrate the importance of a context-informed examination of child abuse disclosure and its potential to advance the development of services adapted to children from diverse communities.

No way to run or hide: Children's perceptions of their responses during intrafamilial child sexual abuse

BACKGROUND

Child maltreatment (CM) has received much research attention in recent years, leading to substantial development of relevant child services worldwide. The literature on posttraumatic stress accentuates the long-term mental and physical ramifications of peritraumatic responses. However, although CM is considered a traumatic experience, examinations of child responses to CM have rarely been attempted.

OBJECTIVE

The current study spotlights children's responses during intrafamilial child sexual abuse (IFCSA), as conveyed by them during forensic interviews.

PARTICIPANTS AND SETTING

The sample is comprised of 40 transcripts of forensic interviews with children aged 4-14, who have been sexually abused by their fathers.

METHODS

The exploration of the children's responses to the abuse was guided by the grounded theory approach and their narratives were thematically analyzed.

RESULTS

Indicate that when children contend with ongoing and severe IFCSA, they tend to develop alternative survival strategies, understanding that fight, flight, or disclosure are not relevant options for them.

CONCLUSION

The discussion stresses the multifaceted nature of the way children respond during IFCSA, which should be understood through holistic observation of the children and various aspects of their lives. The children's responses profoundly shape their abuse experiences and require further exploration so as to promote both intervention and prevention efforts.