Excerpt from Term Paper :

Majority nevertheless are unable to fulfill this obligation even during the time of peace. The rights of women appear to be improperly safeguarded and instances of rape are by and large unreported and the national records of prosecuting sexual violence and other abuses women rights are very low. A lot of justice systems, particularly in the developed world to be precise have poor investigation norms, low records of arrests and the judicial procedures of these nations lack sensitivity which help in the criminalization of survivors at the time of trial which further discourages reporting. (Kimotho, 2003)

It is crucial that the national governments must initiate to reform their national legislation perspective and also to control international human rights pacts and conventions on the safeguarding of women's rights. Even though more than 90% of the UN members have sanctioned the 'Convention on Elimination of All Forms of Discrimination against Women - CEDAW' administrations of several nations are yet to eradicate discrimination and give protection of women as full and equal denizens especially when matters regarding sexual violence emerge. Governments emerging from disagreement have the scope to comply with the international pacts while re-establishing the code of law by means of new constitutions and laws and though setting up the judiciary and other added public administration institutions. (Kimotho, 2003)

Medical examinations for identification of sexual abuse of children, performed after the passage of a long time are a new phenomenon. When a large number of doctors as well as nurses started taking special attention in forensic examination of alleged victims of child sexual abuse, these new specialists earnestly took up such ideas, regardless of the absence of any research proof. The rising attention in medical detection of sexual abuse of children has spawned several articles, however little research. Prior to discussing what scanty research exists, it can be illustrated that how the present day expert appear to side-step the difference between blatant claims and genuine evidence. According to David Paul, who is adjudged as one of the most experienced examiners for sexual abuse, has stated that even the most careful examination...

Evidently, a necessity is there to get beyond these variations of opinion, into the world of research findings. It is amazing taking into account the attention accorded to sexual abuse of children in recent years, regarding how little the physicians investigating the children and delivering opinions that might dispatch an individual to the prison till his lifetime, have acted to legalize the claims which they willingly make in our courts. (Coleman, 1989)

It is important that the medical community must first of all speak out in a forceful manner, cautioning the community to the idea that unwarranted conclusions are taken by a small group of practitioners. Beyond such studies to prove the spectrum of normal anatomy, fresh studies are required that compare molested children with those are non-molested. Those researches that have asserted to do this have just depended in the judgment on the agency that has referred them regarding which children were the victims of molestations. This disregards, the well recognized reality that false accusations of molest continue to be a crucial problem. It is important to note that researches that compare molested children with normal ones should restrict them to children who have been proven with convincing evidence of having molested. This will pose difficulty as the findings of court are not needlessly precise. if, nevertheless, this concern is sidestepped, and an unidentified number of children are put under examination and believed to be molested which is not true, the data will persist to be meaningless as they are for the present. Finally, the courts are required to amend their present practice. The present assumption that a second examination is not necessary is required to be evaluated once again and the Appeal Courts must identify that convictions that depended on those premature medical claims appear to be presently doubtful. (Coleman, 1989)

References

Bureau of Public Affairs. (2004, May) "Facts about human trafficking" Retrieved 20 April, 2008 at http://www.state.gov/r/pa/ei/rls/33109.htm

Coleman, Lee. (1989) "Medical Examination for Sexual Abuse: Have We Been Misled?" IPT

Journal, vol. 1, no. 3, pp: 25-28.

Kilpatrick, Dean G. (2000) "Rape and Sexual Assault" National Violence against Women

Prevention Research Center. Retrieved 20 April, 2008 at http://www.musc.edu/vawprevention/research/sa.shtml

Kimotho, Rose. (2003) "Challenges to effective protection" Retrieved at http://www.fmreview.org/FMRpdfs/FMR27/09.pdf

Rennison, Callie Marie. (2002, Aug) "Rape and sexual assault: Reporting to Police and Medical Attention" Bureau of Justice Statistics, pp: 1-4. Retrieved 20 April, 2008 at http://www.ojp.usdoj.gov/bjs/pub/pdf/rsarp00.pdf

Sampson, Adam. (1993) "Acts of Abuse: Sex Offenders and the Criminal Justice System"

Routledge.

Sheffield, Carole J. (1989, Dec) 'The Invisible Intruder: Women's Experiences of Obscene phone calls" Gender and Society, Vol. 3, No. 4, Special Issue: Violence against Women,…