What Are Your Rights If You Are Accused Of Child Abuse?

Being accused of child abuse is serious and disturbing, with potentially far-reaching legal, social, and personal consequences. Therefore, it is of utmost importance that, irrespective of any basis to the charge of child abuse, any person being accused of child abuse may guard his or her rights that would eventually bring protection to him or her, as due process is obligatory. 

What are Child Abuse Allegations?

The effect of child abuse accusations can lead to criminal actions, loss of parental rights, reputation damage, and psychological agony. The legal system is established in order to give protection to children; however, such false or exaggerated accusations can harm law-abiding and innocent people. Knowing one’s rights allows the courts to guarantee one is treated with due process and fairness.

Types of Child Abuse

Child abuse refers to either an act of commission or an act of omission that causes a child or puts a child at a potential risk of harm. It generally delves into several forms, each having different legal ramifications.

• Physical abuse: Physical abuse consists of deliberately inflicted acts upon a child with the intent of injuring something vitally important to the child’s growth, survival, health, or dignity. These may include suffocation, scalding, burning, poisoning, biting, strangling, shaking, beating, kicking, or hitting; that is the list of acts comprising physical abuse. They act with punishment in mind for the physical abuse of children in many places of residence.  
• Emotional abuse: Such behaviors are highly likely to harm the child’s development in the physical, mental, spiritual, moral, or social sense. Recurring patterns of movement restriction, humiliation, blame, threats, terror, discrimination, ridicule, and so on, offer a few examples of such kinds of abuse.
• Sexual abuse: Sexual abuse encompasses sexual conduct between a child and an adult or other children, that does not afford them the power to give consent, is not age-appropriate, based on developmental standards, or violates typical and legal standards of chastity.
•  Neglect: Not providing adequate food, clothing, shelter, medical care, and supervision for a basic human life in a child.  

Legal Framework Surrounding Child Abuse 

Protection of Children from Sexual Offences (POCSO) Act, 2012:

• Create laws banning and/or preventing physical sexual violence and related offenses against sexually abused children; perpetrate all obscenities and immoral acts against children by any means of contraption, however heinous. The POCSO defines sexual abuse as the effect of touching the child or using any form of utterance against sexual stimulation or arousal. These include sexual acts in themselves, sexual violence, sexual harassment, sexual exploitation, and penetrative and non-penetrative sexual assault.
• With the 2019 amendment, capital punishment was introduced for aggravated sexual assault, in a stricter category of punishment

Juvenile Justice (Care and Protection of Children) Act, 2015:

• It is among India’s very few laws concerning juvenile offenders. Reiterating the Juvenile Justice Act, of 2000, this Act had effect from January 15, 2016.
• The establishment of the two new institutions under this Act is the Juvenile Justice Boards and the Child Welfare Committees. These boards are charged with addressing pertinent issues that affect the intersection of law and the care and protection of juvenile offenders. Their functions also entail furthering the best interests of the child while ensuring the child’s protection and development in a holistic way.  

Indian Penal Code (IPC)/Bhartiya Nyaya Sanhita (BNS) Provisions:

• Section 317 of IPC/Section 93 of BNS: Abandonment of a child below the age of 12 will bear punishments.
• Section 354 (A-D) IPC/Section 75-78 of BNS: Talks about Sexual harassment, voyeurism, and stalking 
• Sections 375 and 376 IPC/Sections 63 and 64 BNS: Defines and punishes rape and rape of minors.
• Section 20 of the JJ Act: It enacts punishment for cruelty to children.  
• Section 498A of IPC/Section 85 of BNS: Addresses cases of cruelty to women that extend to child abuse in domestic settings.

The Prohibition of Child Marriage Act, 2006:

It has the following basic assumptions:

• It is an offense to arrange child marriage.
• A child or minor is a person younger than 18 years for girls and 21 years for boys. 

The Child Labour (Prohibition and Regulation) Act, 1986 (Amended in 2016):

This includes one of the proposed laws against children working in India. It lays down the minimum working age for all modes of employment and bans child work in hazardous professions.  

The Right to Education (RTE) Act, 2009:

It solicits the State to provide free and compulsory education for ten years. Before it was made a fundamental right with an enforceable aspect under Article 21A, education was an active Directive Principle of the State. The Act, passed in 2009, contains principles outlining what constitutes a free and compulsory education scheme for children from ages 6 to 14 years in India.  

The Immoral Traffic (Prevention) Act, 1987:

It prohibits the going on gang, procuring, and transporting activities that are centered on prostitution. This sector also forbids trafficking of minors, irrespective of sex, for whichever purpose.  

Immediate Steps to Take Upon Being Accused

• Stay Calm and Gather Information: Remaining calm is very important even when an individual may be overwhelmed with emotions. Knowing full well about what charges were laid or by whom, and if the charges are being prosecuted in court yet.  
• Do Not Say Anything that Will Usher into Evidence: Make no written or verbal statements that could be taken into consideration against you. Likewise, denying the accusations without the knowledge of legal counsel would sometimes end up covering oneself with more troubles. 
• Document All Communication: You must ensure that all forms of communication regarding the matter, the defendant’s telephone call, emails, text messages, and face-to-face communications with authorities like police officers or accusers are recorded. The documentation may help your case.

Legal Rights of the Accused of Child Abuse

• Right to Remain Silent: According to law, you have the right to keep your peace and silence in order not to potentially incriminate yourself. You need not speak to either police or child protective services officers unless inquired directly with a legal representative.
• Right to Legal Representation: It is great that you have secured an attorney specializing in child abuse cases, but should an attorney be unattainable, you might consider requesting an attorney from the court.  
• Right to Due Process: Every accused person is entitled to the right to a legal procedure that is fair which consists of a proper manner of informing an accused person of charges against them, the right to access evidence against them, and an opportunity to contest those charges in court.

Criminal Charges and Your Rights

• Understanding Criminal Charges Related to Child Abuse: Charges of child abuse could either be misdemeanor or felony. The charges would mainly depend on the running narrative of the accusations. An individual might face felonies, which could lead to the serving of a longer prison sentence or a permanent record. 
• Right to a Fair Trial: You are entitled to a fair trial. The prosecution has the burden of establishing your guilt beyond a reasonable doubt.  
• Right to Present Evidence and Witnesses: You have the right to present your evidence, have witnesses on your behalf, and cross-examine the accuser, or the prosecution witnesses. 

Defending Yourself Against Allegations

Importance of Legal Counsel:

An experienced attorney will help sort through the legal maze and collect evidence to prove a defense strategy.

Strategies in Defense:

Common defenses include:

• Proving the allegation was false (e.g., falsehoods made in the course of a custody litigation).
• Lack of willfulness or intention to injure others.
• Providing alibis or pieces of counter-evidence.

Collect Evidence and Witness Statements:

• Collect medical reports, psychological evaluations, and expert opinions.
• Identify witnesses who could provide substantial support to your case.
• Keep all physical evidence, like text messages and any videos.

Resources for the Accused of Child Abuse

• Legal Aid Organizations: There are a lot of organizations that provide legal help, be it public defenders or nonprofit ones that specialize in wrongful accusations.
• Support Groups: These groups offer emotional support as well as legal support for those accused of child abuse.
• Counselling and Mental Health Resources: Therapists and support networks who can facilitate in handling the emotional toll allegations can entail.

Conclusion

Awareness of rights and obtaining legal counsel to mount a defense is paramount to securing the fulfillment of justice. Whether true or false, either out of malice does fall within the pale of certain protections offered by the law to ensure justice. If you or if you know someone who has been charged, becoming aware of these charges might engender the need to consult an experienced attorney to secure the legal rights and interests of the person who has been detained.  

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online for free through Lead India.

FAQs

1. What should I do if I’m falsely accused of child abuse?

If you are unable to prove your innocence, that will be the end of it. Rather, it advises that you remain calm and resort to the best legal practice. Make sure that nothing comes out of your mouth unless advised so by an attorney. All documentation, communique, or evidence has to be collected. Do not try to reach out to the accuser directly, as it might be construed otherwise. Essentially, you need to consult an attorney because that is your first line of defense.

2. Can I be arrested based on just an accusation of child abuse?

Yes, the accused person is by law subject to arrest based on the abuse charge by being probable cause. However, a formal charge must be premised on adequate evidence. After the arrest, the accused has an absolute Constitutional right to remain silent, and any evidence against him or her may appear with the appointed attorney. Contact numbers of a good criminal attorney are essential if arrested, so you can summon him or her before either discussing the situation with the police or implicating one through others.

3. What are the consequences of a child abuse conviction?

• Sentences range anywhere from a couple of months to life in prison for severe crimes. 
• Courts can impose hefty fines as well as require monetary restitution. 
• The conviction can result in the termination of parental rights or restrictions in custody or visitation. 
• Such a conviction most often leads to a lifelong criminal record, which is a huge stigma regarding oneself in job applications and also for societal standing.
• A convicted person may have to register as a sex offender.