Child Sexual Abuse In The United States
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Child Sexual Abuse In The United States
Child sexual abuse laws in the United States have been enacted as part of the nation's child protection policies. Child maltreatment Child sexual abuse has been recognized specifically as a type of child maltreatment in U.S. federal law since the initial Congressional hearings on child abuse in 1973. Child sexual abuse is illegal in every state, as well as under federal law. Among the states, the specifics of child sexual abuse laws vary, but certain features of these laws are common to all states. Kansas v. Hendricks The U.S. Supreme Court ruled in ''Kansas v. Hendricks'' that a predatory sex offender can be civilly committed upon release from prison. The Supreme Court ruled in ''Stogner v. California'' that California's ex post facto law, a retroactive extension of the statute of limitations for sexual offenses committed against minors, is unconstitutional. The case requires law enforcement to release information about sex offenders. It is a modification of the Jacob Wetterlin ...
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Child Protection
Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to ensure this is by giving them Sustainable Development Goal 4, quality education, the fourth of the United Nations Sustainable Development Goals, in addition to other child protection systems. Child protection systems are a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability. UNICEF defines a 'child protection system' as: Encountered problems Child labour Due to economic reasons, especially in poor countries, children are forced to work in order to survive. Child labour often happens in difficult conditions, which are dangerous and impair the education of the future citizens and increase vulnerability to adults. It is hard to know exactly the age and numb ...
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Age Of Consent In North America
In North America, the legal age of consent relating to sexual activity varies by jurisdiction. The age of consent in Canada is 16. As of August 2018, each U.S. state has set its age of consent at age 16, age 17, or age 18. The age of consent in Mexico is complex. Typically, Mexican states have a "primary" age of consent (which may be as low as 12), and sexual conduct with persons below that age is always illegal. Sexual relations which occur between adults and teenagers under 18 are legally ambiguous: laws against corruption of minors as well as estupro laws can be applied to such acts, at the discretion of the prosecution. These laws are situational and are subject to interpretation. The general age of consent in Mexico is 17. The ages of consent in the countries of Central America range from 15 to 18. All jurisdictions in North America per List of sovereign states and dependent territories in North America: Overview The age of consent is the age at or above w ...
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Rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability, or is below the legal age of consent. The term ''rape'' is sometimes used interchangeably with the term ''sexual assault.'' The rate of reporting, prosecuting and convicting for rape varies between jurisdictions. Internationally, the incidence of rapes recorded by the police during 2008 ranged, per 100,000 people, from 0.2 in Azerbaijan to 92.9 in Botswana with 6.3 in Lithuania as the median.
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy becam ...
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Judgment (law)
In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). The phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. As the main legal systems of the world recognize either a common law, statutory, or constitutional duty to provide reasons for judgment, drawing a distinction between "judgment" and "reasons for judgment" may be unnecessary in most circumstances. Spelling Judgment is considered a "free variation" word, and the use of either ''judgment'' or ''judgement'' (with an e) is considered acceptable. This variation arises depend ...
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Death Penalty
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against hum ...
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Andrew Vachss
Andrew Henry Vachss ( ; October 19, 1942 – November 23, 2021) was an American crime fiction author, child protection consultant, and attorney exclusively representing children and youths. Early life and career Vachss grew up in Manhattan on the Lower West Side. Before becoming a lawyer, Vachss held many front-line positions in child protection. He was a federal investigator in sexually transmitted diseases, and a New York City social-services caseworker. He worked in Biafra, entering the war zone just before the fall of the country. There he worked to find a land route to bring donated food and medical supplies across the border after the seaports were blocked and Red Cross airlifts banned by the Nigerian government; however, all attempts ultimately failed, resulting in rampant starvation. After he returned and recovered from his injuries, including malaria and malnutrition, Vachss studied community organizing in 1970 under Saul Alinsky. He worked as a labor organizer and r ...
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Teenager
Adolescence () is a transitional stage of physical and psychological development that generally occurs during the period from puberty to adulthood (typically corresponding to the age of majority). Adolescence is usually associated with the teenage years, but its physical, psychological or cultural expressions may begin earlier and end later. Puberty now typically begins during preadolescence, particularly in females. Physical growth (particularly in males) and cognitive development can extend past the teens. Age provides only a rough marker of adolescence, and scholars have not agreed upon a precise definition. Some definitions start as early as 10 and end as late as 25 or 26. The World Health Organization definition officially designates an adolescent as someone between the ages of 10 and 19. Biological development Puberty in general Puberty is a period of several years in which rapid physical growth and psychological changes occur, culminating in sexual maturity. The avera ...
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Coercion
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors ...
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Force (law)
In law, force means unlawful violence, or lawful compulsion. "Forced entry" is an expression falling under the category of unlawful violence; "in force" or "forced sale" would be examples of expressions in the category of lawful compulsion. When something is said to have been done "by force", it usually implies that it was done by actual or threatened violence ("might"), not necessarily by legal authority ("right"). For example, a person forced against their will to commit an unlawful act, which they would not have committed if not threatened, would not be considered criminally culpable for those actions. "Force of arms" is a special case that can be an example of unlawful violence or lawful compulsion dependent on who is exercising the violence (or threat thereof) and their legal right and/or responsibility to do so. When one citizen threatens another with a weapon without being in danger from the person he or she is threatening, this would be an example of the unlawful expressi ...
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Laws
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a Social science#Law, science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt Alternative dispute resolution, alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of ...
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Age Of Majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word ''majority'' here refers to having greater years and being of full age as opposed to ''minority'', the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and may be legally denied certain privileges or rights (e.g. the right to vote, buy alcohol, marry, sign a binding contract). Age of majority should not be confused with the age of maturity, age of sexual consent, ...
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