Child abuse can be defined as any conduct, whether by action or omission, that is not accidental and that endangers the safety and satisfaction of the physical and psychological needs of minors under 18 years of age (Fernández & Bravo, 2002). Although this abuse can originate from various sources (school, society, institutions…), I want to focus on abuse that occurs within the family.
It is clear that the fact that, from childhood, we establish secure and stable emotional bonds with our parents, favors greater well-being and healthy biopsychosocial development in adulthood (Arruabarrena, 2011). This is true for most families; however, we must not ignore the reality that many homes are not characterized by this security, stability, and well-being.
When we speak of “abuse by action,” we refer to any conduct intentionally emitted to harm the minor, whereas when we speak of “abuse by omission,” we would be referring to the lack or absence of care behaviors that cause a deficiency in the needs of minors. Stated or understood differently, abuse by action is what is commonly understood as abuse, while abuse by omission is what is commonly understood as abandonment or neglect. Likewise, within “abuse by action,” we can differentiate several types:
- Physical abuse (blows, pushes…)
- Psychological abuse (insults, devaluations…)
- Sexual abuse (touching, penetrations, masturbation…)
We must be clear that the evaluation of this problem is never simple. The literature tells us about the existence of many indicators of child abuse; however, these indicators are very similar to those that other types of problems may have, so they can be easily confused. For example, sleep disorders, school problems, and eating problems can be indicators of child abuse, but they can also be symptoms
that can occur in children during parental separation (Echeburúa & Guerricaechevarria, 2005; Predeira & Lindstrom, 1995).
Conclusion? If we only focus on the symptoms or indicators of a problem, without cross-referencing information from more sources, we could be accusing parents of abuse when in reality what the child may be experiencing is a complicated grief due to the divorce of their parental figures.
We must be cautious. This is a complicated issue that can have many consequences for everyone involved in the process. Therefore, as in all cases of forensic evaluation, we must integrate information from all sources we have: interviews, tests and questionnaires, previous reports, school information, injury reports, statements in court or police headquarters…etc.
Normally, the evaluation is carried out at the judge’s request, although it can also be carried out at the request of a party, where the lawyer for one of the parties requests it. Regardless, our way of working should not vary; that is, we must be prudent, rigorous, impartial, and tremendously objective. The fact that the lawyer for one of the parties asks us does not mean that we have to draw
conclusions in favor of that party. This would be violating professional deontology.
It is also very important to note that in the case of a party’s request, it is crucial that we have the consent of the parents who hold parental authority to see the minors.
The next step would be to review all previous documentation. Only by having this information can we conduct the interviews. This information will help us to get a general overview of the problem and will allow us to carry out the first formulation of hypotheses, which will guide us when asking questions in the interview.
Subsequently, the application of tests would proceed. Depending on the case, we will apply some tests or others, but we must always bear in mind that they are validated and reliable tests for the target population. That is, if we are going to administer X test to a minor of 8 years old born in Latin America who has spent a large part of their childhood there, we must know if that test is validated for that age range and in that Latin population.
Only when we have everything, can we begin to interpret, discard or formulate new hypotheses, and finally, we can draw conclusions that will guide the judge in making a decision.