THE AWARENESS OF child abuse has grown significantly over the years, but for most of us child abuse is something that we do not wish to contemplate. That someone would intentionally hurt or harm a child is hard to understand.
Expelling all thoughts of child cruelty, neglect and abuse to the darkness of Ireland’s shameful history is a common practice but the ISPCC endeavours to remind the people of Ireland that child abuse is happening today, right now. When abuse that is happening today is highlighted in the media, it brings to the fore two very distinct issues: that our child protection and welfare system as it currently exists, does not work in the best interests of children and that if a child is abused, then sentencing all too often does not reflect the severity of abuse and the impact on a child that frequently carries through their whole life.
Most recently, the ISPCC responded with dissatisfaction to the lenient sentencing of a mother for the severe neglect of her five children, in a case where the best interests of the children came into play far too late, this mother will serve just 18 months in prison.
Last month a man was sentenced to three years for the horrific abuse of a ten-month old baby. Over the years this leniency is also reflected in sentencing for possession of child pornography, more accurately referred to as child abuse images; each picture representing an instance of child abuse and a crime scene.
The Child Trafficking and Pornography Act, 1998 allows for sentences as high as 14 years for the production or distribution of indecent images of children. The maximum penalty for possession of such images is a fine not exceeding €6,350 or imprisonment for up to five years. The majority of sentences handed down by the judiciary system in this country are suspended, with the implementation of a fine. Custodial sentences are rare and short.
In addition the ‘respectable home’, ‘good family’, and ‘out of character’ argument is often laid out by the defence. This social intervention has all but too often been accepted by judges as mitigating factors. This was most evident in the case of Sam Wiltshire. Sam, a self confessed ‘porn addict’, was caught downloading and sharing over 1,000 images and videos of children, as young as seven, being raped and posing naked. However Judge Tony Hunt said that most of the images were at the lower end of the seriousness scale. He also credited the fact that he came from a respectable family. He was given a three year suspended sentence in 2009.
Additionally, David Ivers was caught with downloading over 13,000 images, which Garda Hogan stated as being some of the worst images that he had ever seen as some of the children were less then one year old. He was given a four year suspended sentence. And just this week, a father of five from Dublin was given a 30-month suspended sentence when he pleaded guilty to possession of child pornography – images and videos of girls as young as four years old.
The leniency of sentences in Ireland is evident when compared to some international standards. Morton Robert Berger (Arizona Supreme Court, USA) was found to be in possession of 20 images of child pornography and was sentenced to 200 years in prison; this sentence was the minimum available in Arizona law. The 200 year sentence consisted of ten years for each photograph, the minimum allowed by the state law. The state of Arizona argued that each image was a separate crime, so the sentencing judge ordered that the sentences had to run consecutively, and were, under state law, to be served without possibility of probation, parole or pardon.
Last month the ISPCC welcomed and supported a Seanad motion put forward to combat child abuse online, and we urge Minster Shatter to take the necessary steps both nationally and internationally to move on this issue. These measures include blocking offending sites and combating the use of peer to peer software to share child abuse images.
When it comes to the protection and safeguarding of children from abuse, the child must be at the centre. The voice of the child, the best interests of the child and the welfare of the child must be the primary consideration at all times. This also applies to the treatment, handling and sentencing of the perpetrators of abuse, to ensure that the safety of all children is considered and the message of complete intolerance to child abuse is reinforced.
There is hope on the horizon; there have been significant developments in our child protection and welfare systems in Ireland with concrete plans outlined by the Minister for Children and Youth Affairs. These include a new children and family services agency, placing garda vetting and Children First on a statutory footing, and the planned referendum on children’s rights.
The long-promised referendum, set to take place this year, is an essential step towards strengthening children’s rights and their protection in this country, not least by recognising that society will not tolerate the abuse of its most vulnerable citizens, that we will listen to the voice of the child and ensure that all decisions made are in the best interests of the child.
Everyone has a role in the protection of children, and a constitutional amendment and the enactment of new legislation would go a long way in demonstrating the unacceptability of child abuse. We don’t want to see another case like Roscommon or have the need for another enquiry into child deaths in care; with new legislation there must be a renewed and steadfast commitment to safeguarding all children.
If you are to take away only one thing from this piece, let it be the message that child abuse is not acceptable. Whether in relation to our child protection and welfare system or the sentencing of those perpetrating abuse, approaches must reflect this unwillingness to accept the abuse of children.
We all have a duty to care when it comes to the protection of children. It takes a community to notice, acknowledge and act on concerns regarding the safety and welfare of children and it takes the government, the legislators and all society to press for a just and measured approach to dealing with such crimes.
Lisa Collins is a policy officer for the Irish Society for the Prevention of Cruelty to Children. The ISPCC Childline Facebook page is here.
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