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Approximately two dozen countries currently have infanticide laws (Australia,Austria, Brazil, Canada, Colombia, Finland, Germany, Greece, Hong Kong, India,Italy, Japan, Korea, New Zealand, Norway, Philippines, Sweden, Switzerland,Turkey and the United Kingdom (12,19,21,41,63).The majority of nations that have infanticide laws have followed the Britishprecedent and decrease the penalty for mothers killing children under oneyear old. However, the legal definition of infanticide varies among countries.The murder of children up to age ten is included in New Zealand (21).
Depressed mothers who have the potential to kill in extended suicides shouldbe identified early. Mothers contemplating suicide should be asked directlyabout the fate of their children if they were to take their own life. Somewill say their husband is quite able to look after them and others will volunteerthat they would take their children to heaven with them. Thoughts or fearsof harming their children should be queried. Threats must be taken seriously.A lesser threshold for hospitalization should be considered for mentally illmothers of young children due to the possibility of multiple deaths from afilicide-suicide. Factors which potentially merit psychiatric hospitalizationinclude maternal fears of harming their child, delusions of their child'ssuffering, improbable concerns about their child's health, and hostility towarda despised partner's favorite child (66).
Psychotic mothers who fear that their children may suffer a fate worsethan death due to persecutory delusions should either be hospitalized or separatedfrom their children. These mothers may be reluctant to share their delusionalideas. Delusions may sometimes be elicited through a sympathetic explorationof their concerns for the safety of their children. In some cases, the onlyevidence of concern is frequent checking by the mother on the health and safetyof her children. Though psychotic mothers may have less warning about filicide,psychiatrists can ask about hallucinations or delusional thoughts regardingthe children. Among Indian mothers with postpartum severe mental illness,a recent study found that mothers with delusions about their infant engagedin more abuse (67).
More filicides occur due to fatal maltreatment than because of maternalpsychiatric illness. Many cases of fatal maltreatment filicide never cometo psychiatric attention. Mothers may kill their children who fail to respondto demands such as to stop crying (15).Mothers who batter their children to death are likely to have abused theirchildren more than once before (15,25). Early intervention to protect thesechildren is more likely to fall to child protective agencies than to psychiatrists.All 50 states in the U.S. have mandatory reporting laws for professionalswho suspect child abuse. Parenting classes, emotional support, and emergencynumbers to call when mothers are overwhelmed can be helpful in preventingfatal maltreatment filicides. Maternal substance abuse must also be treated.Child protective agencies must remove children who are at risk of seriousabuse. Mothers who are diagnosed with Munchausen syndrome should be evaluatedto see if they have engaged in Munchausen syndrome by proxy behaviors. Childprotective agencies should be receptive to accepting children into their carewho are unwanted, even if no abuse or neglect has yet occurred.
This reference guide provides information for professionals in the child, family and community welfare sector about age of consent laws in Australia. Age of consent laws attempt to strike a balance between protecting children and young people from exploitation and other harms and preserving their right to privacy and healthy sexual development. Young people at the age of consent are viewed by law to have general sexual competence to enforce personal boundaries and negotiate the risks involved in sexual activities. When an adult engages in sexual behaviour with someone below the age of consent, they are committing a criminal offence (child sexual abuse).
Age of consent laws are designed to protect children and young people from sexual exploitation and abuse from adults and older young people. Such laws determine that children and young people below the age of consent are yet to reach a level of general maturity enabling their safe participation in sexual activities.
A number of jurisdictions provide a legal defence when a mutually consensual sexual interaction is between two young people close in age (the Australian Capital Territory, New South Wales, South Australia, Tasmania, Victoria and Western Australia). These jurisdictions are attempting to find a balance between protecting children and young people from adult sexual exploitation while not criminalising them for having sexual relationships with their peers.
In Australia, Commonwealth and state and territory laws prohibit 'asking for, accessing, possessing, creating or sharing sexualised images of children and young people under 18' (eSafety Commissioner, 2020; see also Albury, Crawford, Byron & Mathews, 2013). These laws apply to children and young people sending each other nudes (sexting). Children and young people may be at risk of criminal charges if they break these laws.
There are some differences between Commonwealth laws and state and territory laws. In some jurisdictions, 'these laws only apply to images of children and young people under 16 or 17' years, whereas Commonwealth laws apply to young people up to 18 years (eSafety Commissioner, 2020). Some jurisdictions have introduced defences or exceptions to these laws to allow for consensual sexting between young people of similar ages (eSafety Commissioner, 2020).
Age of consent laws exist not only to protect children and young people from sexual exploitation and abuse from adults and older young people; but also to give them time to be developmentally mature enough to make healthy, safe decisions about sexual interactions and relationships between children and young people. Professionals in the child, family and community welfare sector have a role in appropriately identifying, understanding and responding to children and young people's displays of sexual behaviour to support healthy sexual development and ensure children and young people are protected from harm and abuse.
Sexual behaviours expressed by children and young people under the age of 18 years that are developmentally inappropriate, may be harmful to self or others, or may be abusive to another child, young person or adult. (derived from Hackett, 2014, cited in Quadara et al., 2020, p. 7)
Within the harmful sexual behaviours framework, developmentally appropriate sexual behaviours are those that may be expected as part of normal sexual development in children and young people according to their age group (e.g. 0-4 years, 5-9 years, 10-13 years, 14-18 years). Sexual behaviours are categorised as (El-Murr, 2017; Quadara et al., 2020):
Age of consent laws are important measures for protecting children and young people from sexual predation and exploitation. As outlined in this guide, consent means being able to freely and voluntarily agree to participate in an activity, without fear, coercion, intimidation or anything else that would prevent free agreement. Age of consent laws define the age at which an individual has the legal capacity to consent to sexual interactions.
This reference guide has outlined how consent and the age of consent is legally defined in Australia, including how this varies by state and territory legislation. It has also provided an overview of what Australian laws apply to reporting suspected child abuse, responding to disclosures, sexual interactions for those in supervisory roles, developmentally appropriate sexual behaviours and consensual sexual interactions between children and young people.
Sexual socialization also takes place outside the home as children and adolescents observe community norms, consume mass media, and participate in cultural and religious activities. This sexual socialization includes learning about religious values, which may include views of sexuality as a divine gift and sex as limited to marriage. Children and adolescents are also exposed to a diversity of cultural viewpoints on abortion, birth control and gender roles. Such issues sometimes remain unaddressed in schools, as teachers may feel reluctant to explore these diverse opinions, fearing that such discussions will be perceived as endorsing or refuting specific religious and cultural values. However, exploring and understanding both family and community influences on sexuality is an integral component of sex education.
First, theories of adolescent development support the idea that while parents are, and should be, the primary socializing agents for most children, they may not be the best providers of specific factual information and social skills training.14,15 During adolescence, a young person begins to create a new identity, building upon parental role models but turning increasingly from parents to peers and social institutions, such as schools, to define his or her own social values.16,17 Erikson characterized this key developmental task as identity formation.15 As part of normal development, adolescents form new peer relationships and become increasingly interested in romantic and potentially intimate sexual partners. In addition, adolescents crave privacy in a variety of realms, including matters related to their bodies and their relationships with peers. Consequently, parents often are the last persons an adolescent will consult for information about new physical and social realities; rather, peers, educators and other adults may become important new data sources and confidants.
Both parents and educators have essential roles in fostering sexual literacy and sexual health. We believe that parents should play the primary role in imparting to their children social, cultural and religious values regarding intimate and sexual relationships, whereas health and education professionals should play the primary role in providing information about sexuality and developing related social skills. Schools and health professionals should acknowledge and support the critical role of parents in sexual socialization. Parents, in turn, should support schools in providing sex education. 59ce067264
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