Issues at Stake: Eyes wide shut to child abuse

HARD facts say, we are caught in a living nightmare where children are sold, raped, abused, exploited and murdered on the blackest of markets and society is turning a blind eye.

It is International Children’s Day and Child Protection Week, but whenever the alarm is sounded on suspected abuse, the watchman is publicly crucified and humiliated for spreading malicious rumours, being vexatious, seeking attention or having a secret motive to defame the character of the accused.

Shockingly, suspected and convicted child abusers have ample support within their own inner sanctum and the public gallery, even more so when they are socially prominent.

Because, you know, children can make up stories, live in a fantasy world, get hurt accidentally all the time and infections are caused by wearing wet bathing suits.

Paedophiles and abusers are after all monsters, who you can easily spot in a crowd by their cloven feet and strange head protrusions.

They do not live among decent people and therefore, if you are another decent person, you will not go around spreading unsubstantiated rumours, which could earn you a defamation suit.

It is also off course ‘hearsay’ – that elusive legal term, indiscriminately wielded in a threatening manner if the hearer does not want to receive or act upon uncomfortable information.

Criminal silence

However, according to legislation, it is a criminal offense in South Africa not to report suspected abuse.

The rights of children are enshrined by the Constitution, the Children’s Act and the Sexual Offences and Related Matters Act.

Soon to be added to that list, is the Prevention and Combatting of Trafficking in Person’s Act, which could be implemented by July.

Any person who has knowledge, reasonable belief or suspicion that a sexual offence has been committed against a child or mentally disabled person, must report it to the police immediately.

If you fail to report, you are guilty of an offence and if convicted, can be sentenced up to five years imprisonment.

Contrary to popular belief, a person who in good faith reports a reasonable belief or suspicion, cannot be held liable in civil or criminal proceedings.

It is their lawful duty to do so.

The Children’s Act also compels professional sectors to report any form of child abuse, neglect or maltreatment suspected on reasonable grounds.

Professionals include correctional and immigration officials, dentists, homeopaths, labour inspectors, lawyers, doctors, midwife, nurses, occupational therapists, physiotherapists, psychologists, religious leaders, social workers, teachers, traditional health practitioners, traditional leaders and staff or volunteers at a care facility or drop-in child and youth care centre.

Before shooting the messenger, consider the legal consequences of being a person who had knowledge or a suspicion and did nothing, especially if you have a higher duty of care.

It might be an eye opener.

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