Report sexual acts between children, or else...
April 29, 2007
CHILDREN'S Advocate Mary Clarke is warning employees of early childhood institutions (ECIs) not to dismiss sexual acts between their charges, as this could be indicative of sexual abuse which they are bound by the Child Care and Protection Act to report or face imprisonment or fines of up to $500,000.
CLARKE... we have to make sure that these infants are not exhibiting behaviour related from their own experience with child abuse
Early childhood institutions are defined as any place that cares for four or more children under the age of six years for up to six hours per day. This includes nurseries, centres or homes which offer day care, basic schools, kindergartens, pre-schools and infant schools.
Clarke's call stemmed from an article reported in last Sunday's Observer in which a Ministry of Health official reported that the ministryv had been receiving reports of infants performing oral sex and other sex acts on each other while at school.
"We have to make sure that these infants are not exhibiting behaviour related from their own experience with child abuse," she told the Sunday Observer.
Teachers, she said, can get into serious problems if they suspect abuse and do nothing about it.
"I am reminding these persons of their obligation to report this matter," the Children's Advocate said.
Clarke said parental responsibility is also very important as parents have the primary responsibility for protecting their children. Citing the Child Care and Protection Act, Clarke said a family is the preferred environment for the care and upbringing of children.
She said her office is concerned about the issues in the basic schools and would be working with organisations to address this, among other problems.
"We have to follow up on this because this is almost a form of abuse to have our children involved in what they do not understand and what they probably cannot even control," she said.
Clarke said another area they would be giving serious attention to is that of child pornography, which is on the increase.
But Dr Maureen Samms Vaughn, chairman of the Early Childhood Commission, while also urging early childhood workers to report suspected cases of sexual abuse warned that normal sexual behaviour should never be misinterpreted as anything else.
"Persons sometimes interpret normal behaviour as something it is not," she said, adding we have to ensure that adults understand what is normal sexual behaviour.
She said children will want to touch each other, however, adults may respond in a way to make them believe that investigating their body is wrong when it is not.
Samms Vaughn said infants cannot be sexually active because they would have to have the capability to interpret sex, which they don't.
As for the student who was caught performing oral sex on her fellow classmate, Samms Vaughn said that would be considered as an extreme kind of behaviour.
"That child would have to be exposed to things she shouldn't or has been sexually abused," she said.
In such instances, Samms Vaughn said, all early childhood institutions which observe children engaging in such conduct should report the matter to the Children Development Agency (CDA) as well as the Early Childhood Commission for further investigation to take place.
She noted that, to date, they are yet to receive any such reports, as the legislation to provide sanctions to address this issue would not be enacted before a few months from now.
She explained that once a report is received, the CDA is responsible for investigating the home environment and what the child is exposed to or whether they are being sexually abused. The Early Childhood Commission, on the other hand, is responsible for investigating the institution to determine if the abuse is happening there.
Ava Gayle Gardener, anthropologist and lawyer, noted that in looking at the Child Care and Protection Act, one has to consider the intention of the law as the legislation is quite recent.
While noting that the primary objective is to protect the child and ensure the best interest is served, she said looking at how the law will be applied effectively is the primary issue....
Author: Ingrid Brown
Source: Jamaica Observer
