Reports of child abuse and neglect are increasing across the country day by day, and the rise is a direct result of the legal system’s failure to protect victims. This crisis is especially severe for children, who can’t defend themselves. Let’s dig deeper into how our system fails to protect children who have been sexually abused.
A large part of this failure happens in state family courts. When a parent abuses their child, and the other parent is innocent, the protective parent often tries to end the relationship or limit the abuser’s visitation rights. Sadly, the family court system, where these parents seek justice, is filled with judges and staff who are not well-trained in child abuse matters and ignore or downplay the child’s abuse claims, even when sexual abuse is involved. Studies show that false allegations of sexual abuse in custody cases are very rare. Yet, courts frequently side with the abuser, and allow them unsupervised access or even full custody of the child.
Judges sometimes appoint mental health professionals and lawyers who are more interested in court politics than protecting the child. These court decisions can be influenced by personal connections rather than legal facts. Because of this, children’s safety and their rights are neglected, which leaves them in the hands of their abusers.
A child abused by their parent is traumatized twice—first by the abuser and then by the legal system that’s supposed to protect them. The system was created to find abused or neglected children, remove them from danger, and bring justice to the abusers. But over time, this system has broken down. Inefficient, overwhelmed, or even corrupt officials make decisions that often leave children in dangerous homes.
Though this problem is alarming, most of the evidence is sealed in family court records. There have been cases of altered transcripts, missing government documents, and hearings held without proper legal oversight. These issues don’t just occur in high-profile cases—they happen across the nation. The statistics showing the failures of this system are overwhelming.
The core issue is that children who are victims of crime are treated differently from other crime victims. Only in child abuse cases does law enforcement allow social service agencies like CPS to handle the initial reports and investigations. CPS lacks the training and experience of law enforcement, which creates major problems in how these cases are handled.
In no other crime would the victim be forced to live with their abuser, but in child abuse cases, this happens frequently. Children have no say in their own safety. Since they can’t advocate for themselves, they are denied access to justice and equal protection under the law.
The social costs of this broken system are huge. The long-term effects of child abuse ripple through our communities, with survivors often becoming runaways, addicts, or even future abusers. Solutions to these problems are known and available, but action is needed to address this growing crisis.
For a deeper look into the realities of child abuse and our justice system, Phoenix Rising by D.M. Tayer is a memoir about surviving domestic violence and child sexual abuse. It sheds light on the failures of the system and offers hope to those who have experienced similar pain. The book is available now on Amazon for those interested in learning more.