CHILD ABUSE

Atty. Edwin L. Dimatatac, MD

 CHILDREN
Child abuse

Special Protection of
Children Against Abuse,
Exploitation and
Discrimination Act
"Children" refers to person below eighteen
(18) years of age or those over but are
unable to fully take care of themselves or
protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because
of a physical or mental disability or condition

Child Abuse
"Child abuse" - maltreatment, whether habitual or not, of
the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and dignity of
a child as a human being;
(3) Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or in his permanent
incapacity or death.

Child Abuse
SECTION 10(a). Other Acts of Neglect,
Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Childs
Development
1.Enumerated in Article 59 of Presidential
Decree No. 603
2.Child abuse
3.Child cruelty,
4.Child exploitation
5.Being responsible for conditions prejudicial to
the childs development
[Sanchez vs. People, 588 SCRA 747(2009)]

R.A. 7610

Child Prostitution and Other Sexual Abuse

Child Trafficking
Use of Children in Obscene Publications and Indecent Shows
Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child's Development
Use of child to beg, act as conduit in drug trafficking or
conduct any illegal activities
Sanctions on Establishments or Enterprises which Promote,
Facilitate, or Conduct Activities Constituting Child Prostitution
and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, and Other Acts of Abuse
Protection for Working Children, Children of Indigenous
Cultural Communities, Children in Situations of Armed Conflict

PD 603
Article 166. Report of Maltreated or
Abused Child. - All hospitals, clinics and
other institutions as well as private
physicians providing treatment shall, within
forty-eight hours from knowledge of the
case, report in writing to the city or
provincial fiscal or to the Local Council for
the Protection of Children or to the nearest
unit of the Department of Social Welfare,

PD 603
any case of a maltreated or abused child,
or exploitation of an employed child
contrary to the provisions of labor laws. It
shall be the duty of the Council for the
Protection of Children or the unit of the
Department of Social Welfare to whom
such a report is made to forward the same
to the provincial or city fiscal.

PD 603
Violation of this provision shall subject the
hospital, clinic, institution, or physician
who fails to make such report to a fine of
not more than two thousand pesos.
In cases of sexual abuse, the records
pertaining to the case shall be kept strictly
confidential and no information relating
thereto shall be disclosed except in
connection with any court or official
proceeding based on such report.

PD 603
Any person disclosing confidential
information in violation of this provision
shall be punished by a fine of not less than
one hundred pesos nor more than five
thousand pesos, or by imprisonment for
not less than thirty days nor more than one
year, or both such fine and imprisonment,
at the discretion of the court.

CHILD ABUSE
1. Physical Abuse
2. Sexual Abuse
3. Physical Neglect

CHILD ABUSE

Causes of Child Abuse by

History
1.
2.
3.
4.

Unwanted child
Abusive parent
Child as center of triangle
Child as hindrance to socio-economic
activities of parent

Medical Evidence of Abuse

1. Skin imprints from objects hand, cord,
chain, lash and belt buckles are indicator of
abuse
2. multiple bruises or scars trunk, head face
3. multiple small burns or emersion burn levels
cigarette, iron, boiling water (donut shaped
burn on buttocks, burns deeper in middle
hot liquid poured
4. multiple fresh healing fractures; twist
fractures spiral characteristic/usually
multiple healing fractures

5. trauma to mouth nose ears and eyes

6. head injuries, skull fractures, subdural
hematoma
7. injuries to genitalia, perivaginal, perirectal,
child has std
8. child neglect malnourishment, poor
hygiene, infection, poor growth and
development, in need of medical attention,
dental work, glasses

 Shaken Infant syndrome

1. no signs of external injury
2. intracranial and intraocular hemorrhages
3. may cause motor defects, mental
retardation, vision impairments that are
not noticeable until child reaches school
age

Child Sexual Abuse

Incest
Common - father-daughter
Father history of emotional deprivation and
psychological inadequacy
Families deeply troubled, much hostility between
members
Young child is in a helpless and dependent position
and unable to say no or is simply not mature enough
to cope with strong conflicting feelings of sexual
relations with a relative
The younger the child and the closer the relationship,
the more serious the emotional consequence

 Adults who suffered sexual abuse may suffer from

depression, self-abusive behavior and sexual
dysfunction. Victims suffer from feelings of inferiority,
poor basic trust, repressed anger, difficulties in
establishing successful adult relationships
Repressed memories of Sexual abuse
Victims of sexual abuse in childhood often have some
memory of prior sexual abuse although they may be
fragmented
Traumatic experiences may come back in flashbacks,
in physical forms, such as sensation of gagging, or in
nightmares

Factors to Consider
1. child is emotional, fearful, vague history of injury
2. child is overly aggressive, disruptive, destructive and
hostile
3. vague and defensive detail of child injury from
parents or parents aggressive, abusive or apathetic
and unresponsive when approached about problems
concerning child
4. many previous unexplained injuries or history of
previous illness
5. extended delay in seeking medical care
6. poor growth and development of child
7. child complains of beatings and maltreatment

SEX CRIMES

Virginity
Parts of the female body to be considered
in the determination of the condition of
virginity
1. Breasts
2. Vaginal Canal
3. Labia Majora and Labia minora
4. Fourchette
5. Hymen

Hymenal Laceration
Fresh bleeding laceration recent
Fresh healing, with some swelling after
24 hours
Healed with congested edges, sharp
coaptible borders 4 to 10 days
Healed with no congestion, sharp
coaptible borders more than 10 days to
3 weeks
Healed laceration, rounded borders
more than 1 month

 Rape
Qualified Seduction
Consented Abduction

Crimes where Virginity is an

element
1. Qualified seduction. The seduction of a virgin
over twelve years and under eighteen years of
age, committed by any person in public authority,
priest, home-servant, domestic, guardian,
teacher, or any person who, in any capacity, shall
be entrusted with the education or custody of the
woman seduced
2. Consented abduction. The abduction of a
virgin over twelve years and under eighteen
years of age, carried out with her consent and
with lewd designs

Death due to the Sexual Act

1. Death from Natural Causes usually
happened to males because of greater
physical exertion during intercourse
myocardial infarction
2. Death of the female partner is usually
accidental suffocation, embolism
3. Death may be due to defensive act of
woman victim
4. Death of both partners usually due to
intercourse in enclosed space

RAPE
1. Carnal knowledge of a woman by a man
2. Through sexual assault insertion of penis into
anal orifice or mouth, or insertion of object or
instrument to genital or anal orifice
Must be committed:
1. Through force, threat or intimidation
2. When offended party is deprived of reason or
otherwise unconscious
3. Fraudulent machinations, grave abuse of authority
4. Offended party under 12 or demented

*Dementia strictly refers to slow deterioration

of mental function but may refer to condition
where there is decreased mental function
characterized by problems with memory,
reasoning or thinking
*Allegations of Grave abuse of authority,
fraudulent machinations consider the
personality, intellectual capability and
circumstances of the victim
*Use of Force, threat or intimidation tenacious
resistance is not required

*deprived of reason or otherwise

unconscious
Ex. Date rape drugs
Flunitrazepam (Rohypnol),
Gamma-hydroxybutyrate
Alcohol
Sleeping sickness, knocked-out,
sleeping

 Takes effect within 20 minutes, causes

disorientation, amnesia, muscle relaxation,
dizziness, headaches, slows psychomotor
responses, and lowers inhibitions
Respiratory depression, coma, and death are
unpredictable possibilities when someone
unknowingly takes a date rape drug

Alcohol
22ML OF 40%(80 PROOF ALCOHOL) PER
HOUR IF YOU SIP AT THIS RATE, YOU DO
NOT ACCUMULATE ALCOHOL IN THE BODY
1 CUP = 250 ML
Speed that alcohol enters blood stream depends on:
1. Food in stomach
2. Type of beverage and concentration of alcohol
3. Circumstances under which alcohol is consumed
4. Drinkers constitutional state

Intoxication
0.05 percent alcohol in blood thought judgment and
restraint are loosened and sometimes disrupted
0.10 percent voluntary motor actions usually become
perceptibly clumsy
0.20 percent function of entire motor area of brain is
measurably depressed
0.30 percent person is confused and may become
stuporous
0.40-0.50 percent person is in coma
At higher levels, the primitive centers of the brain that
control breathing and heart rate are affected and death
ensues
Alcohol may produce blackouts/amnesia

 Alcohol is metabolized in the liver

Some drugs are also metabolized in the liver
Prolonged use increases metabolism
1. Does not get drunk easily
2. Drugs dont take effect

But if intoxicated alcohol and drug competes and

toxic blood levels may accumulate because the
competition with alcohol causes less drug to be
metabolized
Others drugs have synergistic effect with alcohol
which means they become more potent
narcotics, benzodiazepines, other depressants

Profile of Rapists
Solitary, socially inadequate man with low self esteem
1.
2.
3.

Primary aim: to reassure themselves of their masculinity by

exercising power over their victimThey believe woman will fall
in love with them
They tend to kiss and fondle their victims, compliment them on
their beauty, and they avoid violence
They become distressed if the woman becomes manifestly
upset or struggles too much

Sexual sadist, excited by womans suffering

1.
2.

3.
4.
5.

They are extremely intelligent and active

Rape involves torture and may create their own violent
pornography
Cool and calm when committing and recounting crimes
Penetrate victims as violently as possible
They do not appear odd or peculiar to people who know them
in daily life

 Motivation found to be motivated by anger

(violent physical assault) or assertion of
power (no more force than necessary to
succeed)
Most serial rapists have prior sexual offenses
which may not be rape voyeurism, obscene
phone calls
In one study, only 33 percent collected
pornography, 76% had history of prior sexual
abuse either as victims or as witnesses

 Victims of Rape:
1.Acute disorganization characterized by
shock, disbelief, fear and anxiety
2.May lose appetite, startle at minor noises,
develop headaches or insomnia or fatigue
3.May have trouble maintaining normal family
or occupational life
4.May have frightening dreams or develop
irrational fears
5.May develop sexual dysfunctions afraid of
sex or unable to experience orgasms

Medical Evidence
1. Evidences from the victim physical
examination, mental state examination,
examination of clothing
- commonly injured extragenital areas are the
mouth, throat, wrist, arms, breasts, and thighs.
2. Examination of the alleged offender physical
examination, evidence from sex organ, pubic hair
3. Examination for presence of seminal fluid and
spermatozoa clothing, vaginal smear, and other
stains on the body(lips, cheeks, thighs, anus, and
buttocks) of victim, accused, crime scene

 Rape Kit
1. Instructions
2. Small paper bags, envelopes, carboard boxes
for evidence collection
3. White sheets, gauze
4. Microscope glass slides, test tube
5. Comb to collect hair and fiber
6. Wooden splints, nail clipper
7. Documentation forms
8. Labels

 Evidence Collection

1. Victims clothing bagged

2. Pubic hair region is combed to recover any foreign hair
3. Stains on victim collected in gauze
4. Pubic hair samples from victim taken

5. Vaginal and cervical smears on microscopic slides, anal smears if

indicated
6. Condition of hymen and perineum noted
7. Scraping of nails with wooden splint, or nails cut
8. Oral swabs
9. Blood sample of victim taken

Rape Victim Assistance

R.A. No. 8505 Rape Victim Assistance and
Protection Act of 1998
Sec. 3 Rape Crisis Center xxx establish in
every province and city a rape crisis center
located in a government hospital or health clinic
or in any other suitable place for the purpose of:
(a) Providing rape victims with psychological
counseling, medical and health services,
including their medico-legal examination; xxx

Rape Victim Assistance

Sec. 4. Duty of the Police Officer xxx
(b) Arrange for counseling and medical
services for the offended party xxx
xxx It shall be the duty of the police officer or the
examining physician, who must be of the same
gender as the offended party, to ensure that only
persons expressly authorized by the offended
party shall be allowed inside the room where the
investigation or medical or physical examination
is being conducted.

Rape Victim Assistance

Sec. 4. Duty of the Police Officer xxx
For this purpose, a women's desk must be
established in every police precinct throughout
the country to provide a police woman to
conduct investigation of complaints of women
rape victims. In the same manner, the
preliminary investigation proper or inquest of
women rape victims must be assigned to female
prosecutor or prosecutors after the police shall
have endorsed all the pertinent papers thereof to
the same office.

Unnatural Sexual Offenses

and Abnormalities
1.
2.
3.
4.
5.
6.
7.
8.
9.

Pedophilia
Bestiality
Gerontophilia
Necrophilia
Incest
Fetishism
Frottage
Coprolalia
Indecent Exposure

 Art. 55 of the Family Code - A petition for

legal separation may be filed on the
ground of sexual infidelity or perversion;
R.A. 9262 A sexual perversion may be
considered as an act of Violence against
women or children which could include
stalking, voyeurism

Deception Detection

 A person who is telling the truth can repeat

the story the same way many times, with
variations, and with missing details.
A person who is telling a fabricated story
can repeat it word for word, and dates and
time are precise, and all details are
remembered.

 Eyes and Face:

1. When asked about something, looks to the left instead of
right (visually constructed images v. visually remembered
images)
2. Avoids making eye contact
3. Facial Expression incongruent, or does not affect the whole
face
4. Clearing of throat, Licking of lips, rubbing of throat, chin,
mouth
Body language
1. Stiff posture or uncomfortable, makes adjustment on clothes
2. Tendency to distancing self from accuser, turns away,
unconsciously positions objects between self and accuser
3. Crossing of arms

Physiological Basis
Sympathetic system function is to prepare a
body for emergency, Fight or Flight response
1. Increase heart rate
2. Constricted arterioles of skin
3. Arterioles of muscles dilated
4. Blood pressure is raised
5. Redistribution of blood leaves skin, and GI tract
and passes brain, heart, skeletal muscles
6. Dilate pupils
7. Hair may stand on end
8. Sweating occurs

When a person is lying or nervous:

Dryness of mouth, licking of lips
Shaking or trembling
Perspiration
Increased heartbeat
Faster pulse, slight pulsing of neck arteries
Rapid breathing
Flushing of face
*People v. Adoviso - 309 SCRA 1(1999)

Polygraph
Accuracy depends on:
1. Subject
2. Equipment
3. Operator
Failure to detect lies:
1. Subject has taken drugs
2. Makes deliberate muscular contractions
3. Psychopathic personality

 Polygraph measures:
1. Respiration and depth of breathing
2. Changes in skin
3. Blood pressure
4. Pulse rate

HYPNOSIS
Brain waves remain as if awake, oxygen
consumption is the same
Induce trance by persuading subjects to relax,
lose interest in external distractions, focus on
hypnotists suggestions
Once subject is relaxed, hypnotist gives simple
suggestions before proceeding to more difficult
ones
Hypnotic susceptibility depends on trust on the
hypnotist and willingness to be hypnotized
Information obtained under Hypnosis not
admissible

 PSYCHOLOGICAL STRESS EVALUATOR

AND VOICE STRESS TESTS not
scientifically proven to be reliable, measures
micro-tremors of the human voice

TRUTH SERUM
1.Sodium pentathol
2.Drug removes persons inhibitions so he or
she is more likely to tell the truth
3.Patients may become violently excited

Rule on Examination of
a Child Witness

 Rules apply whenever proceedings involve a

child witness
Child witness: A child witness is any person
who at the time of giving testimony is below
the age of eighteen (18) years. In child abuse
cases, a child includes one over eighteen
(18) years but is found by the court as unable
to fully take care of himself or protect himself
from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or
mental disability or condition.

 Objectives: to create and maintain an

environment that will allow children
1. to give reliable and complete evidence,
2. minimize trauma to children,
3. encourage children to testify in legal
proceedings, and
4. facilitate the ascertainment of truth.

 Every child is presumed qualified to be a

witness. However, the court shall conduct a
competency examination of a child, motu
proprio or on motion of a party, when it finds
that substantial doubt exists regarding the
ability of the child to perceive, remember,
communicate, distinguish truth from
falsehood, or appreciate the duty to tell the
truth in court.
Examination of a child as to his competence
shall be conducted only by the judge who
shall ask only developmentally appropriate
questions

 Court may appoint:

1.Interpreter for child
2.Facilitator - The facilitator may be a child
psychologist, psychiatrist, social worker,
guidance counselor, teacher, religious leader,
parent, or relative.
3.Guardian ad litem
4.Support persons - A child testifying at a
judicial proceeding or making a deposition
shall have the right to be accompanied by
one or two persons of his own choosing to
provide him emotional support.

 In his testimony, the child may be allowed

use of:
1. Testimonial aids
2. Emotional security item - While testifying,
a child shall be allowed to have an item of
his own choosing such as a blanket, toy,
or doll.
3. Screens, one-way mirrors, and other
devices to shield child from accused

 When a child testifies:

1. the public may be excluded
2. testimony may be given in a separate
room to be televised to the courtroom by
Live-link television
3. Videotaped deposition may be applied
for- which may be admitted into evidence
If, at the time of trial, the court finds that
the child is unable to testify

Studies Suggest that:

Children as young as six years old have no trouble
distinguishing between fact and fantasy when
describing the actions of other people. In one
study, on only one test did six year olds do worse
than adults children had trouble distinguishing
what they had actually said aloud from what they
had imagined themselves saying
When testimony depends on noticing an incidental
event, six year olds seemed to do better than
adults who tend to concentrate more narrowly than
children who usually do not focus their attention in
the same single-minded manner that adults do

 Children make less inferences than adults

because children have a smaller store of
knowledge and are unlikely to distort
information by incorrect expectations
Testimony of children are more sketchy
because they remember fewer details.
A child may be suggestible if the child did not
understand the event or if the childs memory
of the event has become relatively less
accessible.
In identification of suspects, children are
more likely to make false identifications
unless the person is familiar to them.

VAWC

Republic Act No. 9262,

Sections 29, 35, 40
SECTION 29. Duties of Prosecutors/Court
Personnel. Prosecutors and court personnel
should observe the following duties when
dealing with victims under this Act:
a) communicate with the victim in a language
understood by the woman or her child; and
b) inform the victim of her/his rights including
legal remedies available and procedure, and
privileges for indigent litigants.

 SECTION 35. Rights of Victims. In addition to their

rights under existing laws, victims of violence
against women and their children shall have the
following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the
Department of Justice (DOJ) or any public legal
assistance office;
(c) To be entitled to support services form the
DSWD and LGUs'
(d) To be entitled to all legal remedies and support
as provided for under the Family Code; and
(e) To be informed of their rights and the services
available to them including their right to apply for a
protection order.

 SECTION 40. Mandatory Programs and Services for

Victims. The DSWD, and LGU's shall provide the
victims temporary shelters, provide counseling,
psycho-social services and /or, recovery, rehabilitation
programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41. Counseling and Treatment of
Offenders. The DSWD shall provide rehabilitative
counseling and treatment to perpetrators towards
learning constructive ways of coping with anger and
emotional outbursts and reforming their ways. When
necessary, the offender shall be ordered by the Court
to submit to psychiatric treatment or confinement.

Expert Witness Rule

Expert Witness - Rule 130,

Sec. 48-49
SEC. 48. General rule.The opinion of a
witness is not admissible, except as
indicated in the following sections.
SEC. 49. Opinion of expert witness.The
opinion of a witness on a matter requiring
special knowledge, skill, experience or
training which he is shown to possess,
may be received in evidence.