Abstract
Child abuse is one of the most serious social problems of modem society. Whenever something is said or written about the legal consequences of child abuse it is usually aimed at the problems concerning the criminal liability of the wrongdoer. This article is an analysis o f the possible civil liabilily o f the wrongdoer. Whenever a child is sexually abused some of his personality rights (e.g. his right to bodily integrity, dignity or privacy) are infringed. Because o f this infringement the child suffers damage to his personality. The law of delict provides certain remedies in the case of damage of this kind. In the first instance an interdict restraining the wrongdoer from any further abuse could be obtained. In addition thereto, a claim for damages may be brought against the wrongdoer to compensate the victim for the damage to his personality. If the child has to receive medical or psychiatric treatment because of the abuse, the parents who had to bear the cost of this treatment may claim such costs as damages from the wrongdoer. In cases of child abuse where the parent is the perpetrator many social and welfare problems cloud the legal issues. In such a case it would be best to move the abused child from the parental home to a place of safe custody. The child who wants to sue his parents for damages may only do so with the assistance o f a curator ad Utcra who has to be appointed by a court. Possible solutions to the problems arising from civil liability in child abuse cases are the eradication of the dualistic nature of our legal system, the introduction o f a victim compensation system, the provision o f legal aid to all victims o f child abuse or the introduction o f a new court with superior court status and which deals exclusively with family matters of this kind.Copyright information
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