ENGLISH LAW CASE ANALYSIS

Sexual Abuse: Standard of Proof

Sexual Abuse: Standard of Proof

Question 1

In context of the case, it can be said that the case lies under the criminal proceedings.

The hearing dates of the case were 14 December 1994, 19 April 1994, 23 November 1994, 7 February 1994 and 5 April 199.

The judgment was given on 5 April 1995.

The case was heard at House of Lords by Judge Davidson.

Lord Browne Wilkinson and Lord Lloyd of Berwick

Question 2

In relation to the case which presents that case is reported at [1996] 2 WLR 8, [1996] 1 All ER 1, [1996] AC 563 and [1996] 1 FLR 80; the [1996] 1 All ER 1 is the most authoritative. The reason of this statement is that the law report shows that social problems occur in almost all the compound societies and they should be controlled. Child abuse is also one such social nuisance that needs to be considered seriously. Child abuse" is characterized as initiating or allowing any hurtful or attack communicate on a child's body; and, any connection or transaction of any kind which humiliates, shames, or frightens the child. Child abuse can be physical, emotional, sexual, neglect, which includes, hitting, burning, constantly blaming, excessive yelling, shaming, incest, any forced sexual activity, exposure to sexual motivation. It can also be a pattern of failure to provide for the child's physical needs, such as food, clothing, shelter, and medical care; or even the collapse to provide for the child's emotional needs, such as love, attention, guidance and management.

Child abuse is also said to be related to norms of the people living in a society. The law report that is the [1996] 1 All ER 1, explored how neighborhoods and communities influence children and families. There is a strong association between child mistreatment and area poverty. Furthermore, the parental management strategies responding to negative environmental factors as well as the impact of social cohesion among neighbors effect a great deal. The law report that is the [1996] 1 All ER 1 found that African American teenagers were at the highest risk for contact to community violence. On the basis of these findings it can be concluded that the community in which a person lives has high degree of influence upon him. Often the children who are a minority and are different from the rest are abused.

The law report that is the [1996] 1 All ER 1 has highlighted how poverty plays a large role in child neglect. According to U.S. data, Sexual attacks on children take place mostly in deprived, unqualified, and among single-parent families. The National Study of Protective, Preventive, and Reunification Services Delivered to Children and Their Families, 1994 found that, high association occurs between substantiated physical overlook and poverty.

Question 3

In the Mr R's criminal trial, it is communicated to Mr. R that child abuse is characterized as initiating any hurtful or attack communicated on a child's body; and, any connection or transaction of any kind which humiliates neglects or frightens ...