Child Sexual Abuse - What Is Child Sexual Abuse?

Federal Definition

The Child Abuse Prevention and Treatment Act of 1974 (CAPTA; Public Law 93-247) specifically identified parents and caretakers as the perpetrators of sexual abuse. Sexual molestation by other individuals was considered sexual assault. The 1996 amendments to this law, however, included a more comprehensive definition, one that also included sexually abusive behavior by individuals other than parents and caregivers.

The CAPTA Amendments of 1996 (Public Law 104-235; Sec. 111 [42 U.S.C. 5106g]) defines child sexual abuse as:

• The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or
• the rape, and in cases of caretaker or interfamilial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.

Specific Definition Varies by State

Whereas the federal government has established a broad definition of child sexual abuse, it leaves it up to state child abuse laws to specify detailed provisions. All states have laws prohibiting child sexual molestation and generally consider incest illegal. States also specify the age of consent, or the age at which a person can consent to sexual activity with an adult—generally between the ages of fourteen and eighteen. Sexual activity between an adult and a person below the age of consent is against the law.

Types of Child Sexual Abuse

Familial abuse, or incest, involves the use of a child for sexual satisfaction by family members—blood relatives who are too close to marry legally. Extrafamilial abuse involves a person outside the family. Extrafamilial predators may be strangers, but they may also be persons in a position of trust, such as family friends, teachers, and spiritual advisers.