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Child sexual abuse is a crime that causes deep psychological and emotional trauma not only to the child but also to their loved ones.

Families often face feelings of guilt, shame, and confusion, which can complicate their ability to seek help or justice. For instance, a child may fear public exposure, and parents may not always know the best way to support the child without exacerbating their trauma. Another challenge is that the perpetrator may be a close acquaintance or even a family member, making the process of recovery and obtaining justice even more difficult.

"One of the biggest problems in this area is that the impact of trauma on a child's psycho-emotional state is often not taken into account during pre-trial and trial proceedings. Courts do not always adhere to the deadlines for reviewing criminal cases in which minors or young children are victims, leading to additional traumatization and making it impossible to begin the recovery process for the child. The child experiences retraumatization through court interrogations and the long wait for justice. That is, processes that should help only deepen the child's trauma. This is evident at various stages — from conducting interrogations to court hearings."

Hanna BOHDANOVAHanna BOHDANOVA
Coordinator of the Department of Juvenile Justice
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Neither the disregard for the psychological state of the child during interrogations nor the delay of court proceedings contribute to the protection of the rights of minor or young victims.

In 2018, a criminal case was opened regarding crimes against the sexual freedom and inviolability of children. The victims, one of whom was a minor at the time and the other a young child, became victims of a series of criminal actions. The pre-trial investigation began at the end of 2018, and by the beginning of 2019, the case was handed over to court.

Since then, the process has been delayed: the composition of the judges changed twice, and later the case was transferred to another court, where the composition of judges changed three more times. One of the perpetrators was released from custody and is now wanted, which led to the suspension of the case against him and its separation into a separate proceeding. Meanwhile, the case against the other accused continues to this day.

Over these years, the victims, who were children at the time of the crimes, have now become adults. They have made significant efforts to forget the tragic events, restore their psychological state with the help of psychologists, and return to a normal life. However, the court, disregarding their emotional state and failing to comply with reasonable deadlines for case review, is planning to re-interrogate the victims, ignoring the statute of limitations for the case, which is 5 years. This could seriously threaten the psychological stability they have been trying to restore over a long period.

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Main challenges faced by victims of child abuse and their families:

  • Often, a child's interrogation is not conducted by a single investigator, without adhering to the time limits during which the law allows for continuous questioning. Additionally, such interrogations are not always conducted with the participation of all necessary specialists. For instance, if the abuse occurs late in the evening or at night, the initial interrogation may be conducted without a psychologist because the investigative team is heading to the crime scene. By law, a psychologist should always be present during communication with the child, but in practice, there is not always an opportunity to involve a specialist.
  • There are cases where law enforcement agencies allow the leakage of confidential information about high-profile cases, which can cause additional traumatic stress due to pressure from society or bullying by peers.
  • Child protection procedures can take years, which exhausts both the child and their parents. If the perpetrators are the parents, the child may lose faith in justice and refuse to seek protection. It is also important to note that the abusive parents remain the child's parents throughout this process, and thus, they do not lose their parental rights regarding the child. If a civil case regarding the deprivation of parental rights of the abusive parents is considered alongside the criminal case, the court in the civil case cannot deprive them of parental rights until a guilty verdict is issued, even if the basis for deprivation is the commission of a crime against the child.
  • There are also instances when the child does not have a lawyer to defend their interests because their legal representatives are not legal professionals.
  • There are cases where the rights and legitimate interests of the suspect or defendant are prioritized over the rights and legitimate interests of the child, who is the victim. Due to the lack of basic legal knowledge among the parents of the affected child, the perpetrator may avoid punishment by exploiting loopholes in the law and taking advantage of the parents' lack of awareness.

"Protecting the rights of a child who has been a victim of sexual abuse requires a special approach, where the child's interests should come first. This entails not only legislative changes but also the implementation of child-friendly methods at all stages of investigation and justice."

Tetyana HNATYUKTetyana HNATYUK
Lawyer of the NGO "Children's Rescue Service"

Ways to solve the problem

  • Implementation of child-friendly approaches in the investigation and justice process
  • Professional training for law enforcement personnel
  • Collaboration with non-governmental organizations
  • Mandatory involvement of a psychologist during communication with the child, instead of a standard investigative interrogation, to minimize additional traumatization
  • Conducting interviews with the child in specially prepared, safe spaces, taking into account their physical and emotional state. For example, in the United States, Children’s Justice Centers (CJC) operate with such an approach, creating the most comfortable conditions for the child
  • Introduction of specialized training programs for law enforcement personnel working with children affected by violence. These programs should include training on psychological communication with children, collecting evidence in such cases, and adhering to ethical standards
  • Active collaboration between law enforcement agencies, prosecutors, and non-governmental organizations with experience working with children who have suffered from violence. Such cooperation can help implement best global practices and provide additional support for affected families

A systematic approach is needed for the effective protection of children who have suffered sexual abuse, including child-friendly methods, legislative changes, the involvement of professional lawyers, collaboration with non-governmental organizations, and professional training for law enforcement. Only such a comprehensive approach can ensure the protection of the child's interests and justice for the victims.